Question:
My ex husband and I were married 14 years during which time he was active duty the entire time. We had three children. We divorced and he went on to abuse his second wife landing him at Ft. Levenworth for the next 21 years. He was not allowed to retire after 19 years of active duty. Am I entitled to Tricare benefits for my children still? Can I receive child support still? Are my children still covered for Dental still? I am getting different answers from different people. This is not me or my children's fault and we may also be punished in turn through his actions if this is the case. Please, I'd appreciate any guidance.
Jim's Reply:
You are entitled to any and all benefits that were assigned to you during your divorce by the family court. Divorce decrees are usually very specific in the details of who owes what to who. When you divorced you gave up some dependents benefits once you were no longer a dependent...in other words, your ex may have been told to provide certain benefits (such as health insurance or monetary child support) without any particular reference as to how this would be accomplished. Any stipulation as to what the obligor must provide is obviously going to depend on that person's ability to meet the terms of the stipulation. Once incarcerated, veterans and their dependents may still be eligible to collect some disability and/or retirement benefits, but the many variations of what may be available are never as clear as we'd like. When the veteran is incarcerated, an already difficult system may become impossible to navigate without some experienced professional help. You'll need to locate an attorney who is experienced with military divorce who is able to review your circumstances and outline a possible solution for you. I'd urge you to use the Google search engine to seek <military divorce lawyer legal aid jag> and then start making phone calls. You should also consult with the office of the clerk of court where the divorce was recorded to see if there is any enforcement help available there. Good luck.