Apportionment process

Question:

My ex-wife filed for an apportionment of my VA Disability years ago and was awarded $170.00 per month for her and our children (she also has received child support from my employer). My children are all grown now and out of school, and she was remarried over 10 years ago. What do I need to do to get the apportionment stopped? My service connected rating is only 30%.

 

Jim's Reply:

There are a couple of considerations. Are you paying alimony or child support or both? If you're paying alimony and you're consistently caught up and always pay on time, you can provide proof of that to VA and ask that your apportionment end. 
 

If you had been paying child support without alimony and that child support has ended, you need to show VA that the children are no longer dependents and that you have no further child support obligation.
 

If you aren't sure about your obligations you really should speak with a lawyer in your region who is expert in family law. I can see a situation that may require you to return to a court that holds jurisdiction today and have a formal record that your obligations have ended before VA will do anything. Anything you may pay a local family lawyer will be worth it over the long run. Good luck.