VA Benefits

questions & answers

Question: I am veteran and receive pay as married I think 3 dependents. One of those children does not live with me but have legal joint custody. Can the mother of him take my monthly stipend for him away? I receive 75 dollars a month for him.

Answer: Child support is determined by the court. The amount a person pays is dependent on these factors per A.R.S. 25-320:
“1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial parent.
3. The standard of living the child would have enjoyed if the child lived in an intact home with both parents to the extent it is economically feasible considering the resources of each parent and each parent's need to maintain a home and to provide support for the child when the child is with that parent.
4. The physical and emotional condition of the child, and the child's educational needs.
5. The financial resources and needs of the noncustodial parent.
6. The medical support plan for the child. The plan should include the child's medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary.
7. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
8. The duration of parenting time and related expenses.”

A person generally cannot take another person’s income without going through the court and requesting to modify the child support. A child support modification will be granted if there is a significant change in circumstances since the order was filed. (A.R.S. 25-503)

The Veterans Association states the following eligibility requirements for CHAMPVA:
“To be eligible for CHAMPVA, the beneficiary cannot be eligible for TRICARE. CHAMPVA provides coverage to the spouse or widow(er) and to the children of a Veteran who:
• is permanently and totally disabled (P&T) because of an adjudicated service-connected disability, or
• died as a result of an adjudicated service-connected disability or who at the time of death was rated P&T due to service-connected conditions, or
• died while in an active duty status and in the line of duty, not due to misconduct. The term “active duty” may include periods of inactive duty for training.

Ending Date for a Child’s Eligibility.
Eligibility for CHAMPVA ends when: − a child turns 18, unless enrolled in an accredited school as a full-time student, or − a child, who has been a full-time student, turns 23, or − a child marries (as of midnight on the date of marriage), or − a stepchild no longer lives in the household of the sponsor.”
http://www.va.gov/PURCHASEDCARE/docs/pubfiles/factsheets/FactSheet_01-02.pdf

You should speak with a VA representative or an attorney for more information. You may qualify for a free consultation with an attorney through the Arizona Military Assistance Project, or reduced fee consultation through the Modest Means Project. Please call (866) 637-5341 to see if you qualify.