Question:

Hi Jim. My ex is receiving Disability Compensation Benefits. I was told by child support that this cannot be garnished. In speaking w/VA benefits counselor and investigator, they told me that my ex is not only receiving disability pay but also dependents pay as he is claiming our children. Our children have always lived w/me, and he has visits every other weekend (if he keeps them). I completed the Information Regarding Appointment of Beneficiary's Award in 01/2019 and submitted docs including divorce decree, child support, etc; received a response on 02/2019 requesting to complete Statement in Support of Claim which I completed and faxed on 03/01/19 but no response to date. I even included the VA FILE NO. 311/NR/TLS for easier search. Can you tell me what's the average wait time? There was no phone number listed on any of the forms so I don't know how I can follow-up on the status of my application. Meanwhile, my ex continues to receive benefits and makes no payment for child support. Thank you for your anticipated response.

Jim's Reply:

I'm not sure what sort of claim you filed but other than seeking apportionment you have no legal standing to do such a thing. VA will eventually get around to telling you that since you aren't the veteran that they have nothing further to talk about. To be honest, VA doesn't want to have anything to do with your divorce and there's not a thing they can do to help you unless and until you've jumped through some other hoops first. If a veteran who is divorced and under orders of the court to pay child support is late with payments, the first avenue of approach is through state enforcement actions. Even if the obligor (your ex) is in another state, all states are in agreement on how to enforce child support stipulations. Then if the state has no luck, you can try to apportion some of his VA disability benefit. Apportionment works much like garnishment but it's a VA action and they have control of it. Ensure that all your documentation of all the amounts owed and so on are in order, complete this form and return it to VA.