Question:
I got a letter from the VA for the apportionment process. What I took from it is that they, the VA, is just trying to figure out if I have been paying child support all along. Can I just send them the Court Order and a copy of the last year worth of payment to show she is getting support?
Jim's Reply:
The VA didn't initiate the apportionment process to try and figure out if you've been paying child support all along. VA would prefer to stay out of our divorces, but when there is a question about whether or not the disabled veteran is timely paying a legitimate court-ordered obligation, the other party may then file a request for apportionment of the veterans disability pay. In other words, your ex filed this for some reason. If you don't respond accurately and timely, VA may begin to take a piece of your monthly pay from you.
In filing the form to request apportionment, it's likely the the person filing alleges that there are significant arrearages owed and by filing the apportionment request asks VA to bring the obligation up to date. Most states now require that child support and alimony be paid to a state agency for recording and distribution. Those records are generally easy to obtain and that's the best evidence you have to prove to VA that you're up to date. If you prove you aren't behind or if you can show that any apportionment would cause you further disability or harm, the VA has an obligation to protect you, then to enforce the obligation you have to your family.