Question:

I'm 100% disabled veteran (not retired, no other income) and need to clarify a question. After final divorce hearing (In Arkansas we don't get final divorce decree until 30 days later) if child support is awarded. The spouse should go to child enforcement office with VA Form 21-0788 completed correct? I've read that after divorce, the wife can't get apportionment because she is no longer married to veteran. Does this also mean if spouse is awarded temporary spousal support that she can or cannot file VA Form 21-0788 also? My ex-wife has my oldest daughter living with her (works full-time): should her income be added to both the above VA Form 21-0788?  FYI,  don't know if it matters for the VA form but we both share 50/50 joint legal & physical custody.

Jim's Reply:

Apportionment of the benefits of a disabled veteran doesn't happen unless and until the obligor is behind in child support or alimony payments. Once an amount of child support is determined and ordered by the court, the obligor (the person paying) should pay the amount in a timely fashion and there won't be any need for an apportionment action.