CHAMPVA for Children who are not dependents

[LPredmore]

So I am divorced and currently my ex-wife has primary custody and claims our children on taxes. I am awaiting my change from 90-100%, that will allow me to add my children on for CHAMPVA. My question is

Can I claim my kids as dependents on my VA stuff, if I am not claiming them on my tax returns? Or do me and my ex need to change it so that I claim them as dependents on our taxes in order to claim them as VA dependents.

[broncovet]

Try here: https://cck-law.com/blog/va-dependents-who-qualifies-how-to-add-them-and-benefits-available/

Its likely the VA will go by your divorce decree, with IRS you have to show  51 percent support, so both parents cant claim a child in a divorce.  My advice is to add your dependents, dont lie to VA and let them figure it out.