Question:

I am the fiduciary for my VA 100% disabled service connected son . He is considered permanent and total . Starting January 1, 2020 he will receive his first check for approx $3,200.00 per month counting his one child as a dependant. Before he was awarded VA disability benefits, he was unemployed and quite mentally unwell for several years . He lives with me and I have fully supported him.  During that time,  his ex-wife who lives out of state was able to get a judgment for $700.00 per month in child support . I don’t understand how this was accomplished as my son has not been able to work since his separation from the military . The arrears in child support have built up to an enormous amount . I have , though, out of my own monies, for the last 4 years , sent my ex-daughter in law each month $150.00 for the support of my grandson .  I have also purchased most of my grandson' clothes , toys , etc.   I have done my best on my limited income . Now that my son will finally have his own income from VA disability,  do I have the right as his fiduciary to begin to send my ex-daughter in law more money for my grandson's support? and would child support have the right to garnish my son's check for back payments ? I don’t want to do anything wrong and,at the same time, I need to protect my son’s monies which have been placed in my care . What advice or guidance can you give me ? Thank you.

Jim's Reply:

If you are appointed as his fiduciary,  he will not receive his first check in total. VA will withhold much or most and allow you to pay bills according to the agreement you'll work out with your VA contact.

As the fiduciary you have the legal responsibility to pay his lawful bills. He owes a set amount of money, ordered by a court, to care for his children (your grandchildren) and that money must be paid just as if it were any other bill. If the money isn't paid and the former spouse files the appropriate paperwork, the VA will apportion (garnish) money from his benefits and send it directly to her. That happens every day at the VA. The relevant section of VA guidance on apportionment is provided here.

The VA gives disabled veterans money to care for themselves and their families. When divorce happens, that doesn't release us from those obligations. Here is a good explanation of how that works .

As the fiduciary it is expected that you will pay those required bills in a timely way. If you don't and the ex raises a fuss, VA can and often does take the fidu responsibility away from the family member and gives it to a professional like a lawyer or a banker...once that happens, he loses all control of his money. If he disagrees with the amount of court ordered child support and alimony, he must return to the family court and seek a modification...otherwise the bills have to be paid.