Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
meljon

Does divorce change my disability compensation?

Question

I read that if you are have one spouse and one child you get a certain amount of VA disability compensation (perhaps $256). I currently have 60% disability rating. If and when I get divorced will my VA disability compensation be reduced? ...and if yes, by how much? If I then should remarry will it then increase again by the same amount? Also, do the children have to live with me in order to claim them? ...or is paying child support sufficient. Thank you in advance. 

update - 

I am already receiving a monthly VA disability compensation. My question is: will I receive the same amount of disability once and if I should remarry in the future? ... and will I still be able to claim my kids although they don't live with me the majority of the time, and pay child support? Thanks.

Edited by meljon
additional information for clarification to the question

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
4 hours ago, meljon said:

I read that if you are have one spouse and one child you get a certain amount of VA disability compensation (perhaps $256). I currently have 60% disability rating. If and when I get divorced will my VA disability compensation be reduced? ...and if yes, by how much? If I then should remarry will it then increase again by the same amount? Also, do the children have to live with me in order to claim them? ...or is paying child support sufficient. Thank you in advance. 

Welcome to Hadit!

http://www.benefits.va.gov/compensation/resources_comp01.asp

30% - 60% With Children

Dependent Status 30% 40% 50% 60%
Veteran with Spouse and Child  $492.97 $702.12  $978.64 $1,230.27
Veteran with Child Only  $440.97  $632.12  $892.64  $1,127.27

Please note that this does not include rates for additional children, but you can find that on the above link.

 

Regarding children living with you and or paying support, it may depend on how things are spelled out in the divorce decree, your state laws, etc...

Either way, just be sure to submit the documents to the VA as soon as you are divorced and/or remarried. I personally recommend using ebenefits to do it because mailing or faxing copies may tend to take forever to get processed. If they overpay your dependency money, they will want it back, so don't put it on the back burner.

  • Like 1

Share this post


Link to post
Share on other sites

Ad

  • 0

Should help your MH problems, if nothing else. Then again, probably depends on how bad you get or got spanked, by your X's Attorney and the Judge.

Semper Fi

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

Yes.  You need to report to VA when you have a change is number of dependents, such as a divorce or remarriage.  Of course, wait until the divorce/marriage is final.  

If you fail to report the divorce, you could likely get a way with it for a while, then you would owe VA money for overpayment.  

When I got a divorce, I sent VA a notice within a month.  They kept on sending me the same amount for 2 years. 

Finally they said I owed them money.  So I appealed the debt.  I explained.  Look, I told you about the dependent change 2 years ago, and you sat on it and did nothing.  I spent the money and it would be a hardship for me to pay it back.  

 

They forgave the debt.  I did what I was supposed to do (reported the change) and its not my fault it took them over 2 years to fix it.   They sent me money and I assumed it was mine.  

However, if you dont tell them, things wont likely go well.  They will collect that money and you wont get a paycheck, or a small one, until its paid back.  

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Hi broncovet,

thank you for the info. Looking back I should have chosen a different title. It seems misleading. Notifying the VA of my dependents change is not trivial and definitely something I will do when the time comes. I was however wondering if after my divorce, if I should ever remarry, will my disability compensation be increased again to what I was getting before I got divorced the first time. Thanks again. 

Share this post


Link to post
Share on other sites
  • 0

Yes, and you CAN keep your stepchildren on your award. There's a byzantine process to do so.

Essentially you have to send in a statement saying:

1) how much you are paying for support of each child

2) the total amount to support each, individual stepchild

3) and other info

Number one must be more than 50% of number two.

M21-1MR, Part III, Subpart iii, Chapter 5, Section G

42. Establishing a Stepchild as a Veteran’s Child for VA Purposes

h. Action to Take When a Stepchild’s Biological or Adoptive Parent Dies or Separates From or Terminates His/Her Marriage With the Veteran

Did the Veteran provide

 

  • the date the stepchild stopped being a member of the Veteran’s household, and

  • a statement as to whether or not the Veteran continues to support the stepchild and, if so,

  • the total cost of supporting the stepchild, and

  • the stepchild’s current mailing address and the name of the stepchild’s custodian, and

  • the amount of support the Veteran provides to/for the stepchild?

 

  • If yes, proceed to Step 14.

   

The sequence is messed up here, but essentially goes on to say that the support must be greater than 50%

i. Handling a Veteran’s Response to the Notice of Proposed Adverse Action
  • the stepchild lives apart from the Veteran, but

  • the Veteran provides at least one-half of the stepchild’s support

  • leave the child on the Veteran’s award

  • notify the Veteran of

  • the reason why he/she remains entitled to additional benefits for the stepchild, and

  • his/her responsibility to notify VA of any change in the percentage of the child’s support that he/she provides, and

  • clear the pending EP.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×

Important Information

{terms] and Guidelines