Apportionment process regarding back child support


My ex-husband is rated 100% disabled with the VA and has child support arrears of over $10,000. Our son is now 18 and the court has ordered my ex-husband to pay $350 monthly towards the back support. He has yet to pay anything and the court doesn't seem to make him pay. His disability payment is over $3000 monthly and can afford to pay. What can I do? I am in desperate financial need for the back support. Thank you and God bless.

Jim's Reply:


You can apply for an apportionment of his benefits. Complete this form accurately  Mail the form via certified mail to:

V A Claims Intake Center
PO BOX 4444

53547- 4444

Once VA receives the form they'll contact your ex to inform him that they may take money from his VA disability pay to cover his child support obligation. He'll be given a chance to explain why he's in arrears and you'll be informed of the decision.

If your son is headed to college he may be eligible for Chapter 35 DEA benefits as well as CHAMPVA. It's worth looking into.

For what it's worth, if the dependent child continues his education the child support may continue until he's 23 or even beyond in some cases. It's worth your time and the investment to speak with a divorce lawyer near you to determine just what can be done. If the obligor father lives away from you and the child you can try calling the district attorney where your ex resides. They sometimes have a child support enforcement task force and will be glad to try and help you.

Good luck.