Estranged wife wants to apply for husband's VA benefits

Question:

My estranged husband is receiving 80% VA disability. He currently stopped paying child support that was agreed on between the two of us (not a court order yet). I am in the process of applying for his VA benefits for myself and our daughter. Is there any sort of chart or calculator the VA uses to determine what I would receive? Thank you!

Jim's Reply:

There is no path for you to apply for any of his VA disability benefits so you won't be receiving anything from VA. I'm not sure how it is that you think you've done this but you won't have any success. To seek child support first requires an order of a family court that is presiding over a divorce or separation. Until that happens you have very little legal recourse for any benefits as agreements made between parties are rarely enforceable. Until you head to court, you have few options available to you.


Source URL: https://www.statesidelegal.org/estranged-wife-wants-apply-husbands-va-benefits