Question:
My wife and I are divorced. I am 100% VA rated. Are there limitations when I can and cannot claim my son as a dependent? Is there a percentage of time I need to have with him in order for him to maintain CHAMPVA and for me to claim him as a dependent for my compensation from the VA?
Jim's Reply:
A claim of dependency (such as for IRS filings) should be made carefully since only one of you is allowed that claim. You should review that with your tax preparer. There are no laws I'm aware of that dictate specific amounts of time as you suggest, however, you should clarify this with an attorney who is familiar with your state's laws.
- PS from StatesideLegal: Use the "Find Legal Help" map to look for an LRS provider in your state and request a low-cost consultation with an attorney familiar with divorce and VA benefits.