Apportionment Payment To Child

[Nilda]

I am the surviving spouse of a Army soldier who was killed while on active duty while deployed to Afghanistan. I have a 7 year old daughter with him. I am receiving VA benefits from him. He had another child from a previous marriage. I just found out, because I was never informed, that the mother of that child  filled an apportionment to my benefits a week after he died and that was 6 years ago. The VA never even told me that this was being done and I found out when I received a letter of benefits and saw the amount on there was not even close to what I was receiving. I have been having hard situations and having to work like crazy to be able to survive and take care of my children on my own to find that this person is receiving part of my benefits and I never even received anything from the VA stating this. I just want to know what to do to be able to get that part back because I was never informed or was able to even prove that I need that money as well for my children. I know this is probably not important, but need to address that we always paid religiously child support for the child and we were never even allowed to see  him because his mother didn’t want to. My husband died and wasn’t even able to see him before he deployed. This child call another man dad because he didn’t even know my husband. She was ready to collect money right away when he died. She is getting SS for him, DIC and SBP and part of my benefits as well. I just need someone to put me in the right direction. 

Edited April 11, 2019 by Nilda
Changes

[seminoles]

14 hours ago, Nilda said:

I am the surviving spouse of a Army soldier who was killed while on active duty while deployed to Afghanistan. I have a 7 year old daughter with him. I am receiving VA benefits from him. He had another child from a previous marriage. I just found out, because I was never informed, that the mother of that child  filled an apportionment to my benefits a week after he died and that was 6 years ago. The VA never even told me that this was being done and I found out when I received a letter of benefits and saw the amount on there was not even close to what I was receiving. I have been having hard situations and having to work like crazy to be able to survive and take care of my children on my own to find that this person is receiving part of my benefits and I never even received anything from the VA stating this. I just want to know what to do to be able to get that part back because I was never informed or was able to even prove that I need that money as well for my children. I know this is probably not important, but need to address that we always paid religiously child support for the child and we were never even allowed to see  him because his mother didn’t want to. My husband died and wasn’t even able to see him before he deployed. This child call another man dad because he didn’t even know my husband. She was ready to collect money right away when he died. She is getting SS for him, DIC and SBP and part of my benefits as well. I just need someone to put me in the right direction. 

That child was HIS child and is also entitled to HIS benefits after his death, also that child was his FIRST child and in many States that child's financial needs come before any subsequent children (which often is the case for child support purposes, also not relevant in the situation).  It matters not whether the child's father was active in his life.  That child had no choice in the matter.  The child should also be receiving part of his social security benefits and I hope the child's mother has also applied for them as well.  You said you have children (plural) but one child with your spouse who was killed while serving.  You either have children from a previous relationship or subsequent children, do you not think their father should support them in life and death?  This isn't about you, this is about the child.

 

[seminoles]

Just now, seminoles said:

That child was HIS child and is also entitled to HIS benefits after his death, also that child was his FIRST child and in many States that child's financial needs come before any subsequent children (which often is the case for child support purposes, also not relevant in the situation).  It matters not whether the child's father was active in his life.  That child had no choice in the matter.  The child should also be receiving part of his social security benefits and I hope the child's mother has also applied for them as well.  You said you have children (plural) but one child with your spouse who was killed while serving.  You either have children from a previous relationship or subsequent children, do you not think their father should support them in life and death?  This isn't about you, this is about the child.

 

 

14 hours ago, Nilda said:

I am the surviving spouse of a Army soldier who was killed while on active duty while deployed to Afghanistan. I have a 7 year old daughter with him. I am receiving VA benefits from him. He had another child from a previous marriage. I just found out, because I was never informed, that the mother of that child  filled an apportionment to my benefits a week after he died and that was 6 years ago. The VA never even told me that this was being done and I found out when I received a letter of benefits and saw the amount on there was not even close to what I was receiving. I have been having hard situations and having to work like crazy to be able to survive and take care of my children on my own to find that this person is receiving part of my benefits and I never even received anything from the VA stating this. I just want to know what to do to be able to get that part back because I was never informed or was able to even prove that I need that money as well for my children. I know this is probably not important, but need to address that we always paid religiously child support for the child and we were never even allowed to see  him because his mother didn’t want to. My husband died and wasn’t even able to see him before he deployed. This child call another man dad because he didn’t even know my husband. She was ready to collect money right away when he died. She is getting SS for him, DIC and SBP and part of my benefits as well. I just need someone to put me in the right direction. 

I am not saying this to be man or callous but to kind of let you know that this is reality and children need to be financially supported by BOTH parents in life and death.........just because one parent remarries or dies doesn't mean that stops.  Children deserve the BEST resources from BOTH of their biological parents unless their rights have been terminated in some way.

[Berta]

I am so sorry for your loss. Some of this does not make sense to me:

 "She is getting SS for him, DIC and SBP and part of my benefits as well. I just need someone to put me in the right direction"

How do you know that?

It would be possible that she gets SSA for the child and maybe for herself ,until the child is 16.fully legit.

It would also be possible that he signed up for the SBP program ( I assume he was a Military lifer ) and that would make some sense-if he continued to pay it for her. 

I do not see how she could get DIC and you do as well....??? that definitely does not make sense. 

Also ( I am a Gold Star wife) and the GSWs fight aggressively to try to get SBP without the DIC offset or vice versa- she is qualified to be a Gold Star wife- so are you.

You also would be eligible for SSA for the child you have and possibly a Mother's Benefit, as I was before my daughter joined the Military.

" I am receiving VA benefits from him."

What benefits, do you get a DIC monthly benefit? It should be more than mine is because you have a child .

I get $ 1,319.04 p/m as the unmarried surviving spouse of my husband.

Have you app;lied for SSA benefits for the child you had with him?

But still...... can you scan and attach whatever the VA sent to you regarding the "apportionment"

Before you scan and attach it here , cover your name, address, and C file number.

He might surely have had Military insurance. My daughter still has hers ( $200,000) maybe more by now  but that goes to the beneficiary he listed when he purchased it.

We need more info. His child with the former wife would be eligible for DIC. I dont see how the former wife could eligible for it.

 

 

 

Edited April 11, 2019 by Berta

[paulstrgn]

@Nilda I would highly recommend you follow Ms. Berta advice, she is extremely knowledgeable. Hadit is very lucky to have her on this site and her willingness to share it with us all. I know I have personally learned a lot from her.

[Berta]

Thank you Paul

This is way out of what we ususally see here-

This is a general idea of how VA determines apportionment:

https://www.hillandponton.com/apportionment-va-benefits/

Matt Hill, veteran attorney, is also a member here and his site has a pop up box if you have a question.

You might need an attorney to straighten this all out.

Whe two spouses apply for DIC , the VA calls it a contested claim, such as this one:

https://www.va.gov/vetapp17/files8/1747232.txt

The regulations are cited in the decision.

Were you ever advised that you had a " simultaneous contested claim," by the VA, such as this one below in the link?

I will check the 2018 VBM to see what they recommend-but something bothers me here-

the veteran died 6 years ago..........we dont know when the divorce took place and when this widow married the veteran......and

the former wife applied right away apparently ....that means something happened in the past 6 years that might be missing to this situation.....

If you received a DIC award, at an apportioned amount, over the last 6 years, you could have appealed the amount. Did you?

But I do not believe the former wife could have received DIC for herself- but possibly for the child.

I believe she received SBP. 

 

"Upon the filing of a notice of disagreement in a simultaneously contested claim, all interested parties and their representatives will be furnished a copy of the Statement of the Case. Id. at § 19.101. When a substantive appeal is filed in a simultaneously contested claim, the content of the substantive appeal will be furnished to the other contesting parties to the extent that it contains information which could directly affect the payment or potential payment of the benefit which is the subject of the contested claim. Id. at § 19.102."

https://www.va.gov/vetapp18/files9/18137412.txt

There is a lot missing here.

[broncovet]

Yes, I think it will take an attorney to represent your interests.  The other party may well have an attorney also.  

Start your search here:

https://www.vetadvocates.org/cpages/sustaining-members-directory

I think the VA has a whole category of what they called "disputed claims".  

It usually involves family members who dispute who gets the Vets compensation.  Vets, too, sometimes fight family members who try to wrestle their benefits away, for whatever reasons.