Jim,
I really do apologize to bother you with such silly questions, however, I'm wondering if you have any information on whether or not the VA retros benefit payment to Veterans that remarry? My ex husband stated under oath today in court that his new marriage has not been approved yet, and that the VA will not retro it back to the date of marriage? I was under the impression that they did, as they did when we were married, and we were married in 2007.
Could you be so kind to shed some light on this subject as I believe this is an error on his part, as the VA also retroed education funds to me while we were married. Do you have any documentation stating that they will, or where I would be able too obtain this? This is for a legal matter, so I would need it to stand in a court of law. This is all about him not wanting child support to go up on our 20 month old son as he is desperately seeking to have it reduced, and doesn't want his new wife and step children included as "income" on his VA for the child support calculations.
I have one more question, was he able to claim my older son (from a previous marriage) on his VA to claim him for the benefits? My older son was his step child, and I did not, and still do not have custody of him, and he informed the VA that I had 50/50 custody so that he could claim him? Was he allowed to do this, as he stated in paperwork through his attorney that he was fully aware that I did not have custody?
Reply:
I can't answer your questions specifically. There are way too many rules that may apply to specific situations.
I can give you some general ideas...
VA will only retro pay for marriage one year. If the veteran marries and forgets to apply for the dependent benefit for 4 years, VA doesn't see itself as responsible and will back date that one year from when they receive notice.
VA will retro it back to the date that notice was received. If he sent notice two years ago and VA takes two years to process it, they will pay for the two years. VA pays retro to the date of an application.
All income from VA should be used in the calculation of the child support or alimony obligation decision. Many veterans claim that their disability income is "protected" and can't be used. It isn't. To the family court, it is income.
Your best bet is to retain a lawyer who is familiar with both family court and VA regulations.