I recently went to court asking that the apportionment of my VA benefits be credited as child support. After a trial, it was adjudged that the petition is dismissed due to failure to state cause of action. I can object but I am having a hard time finding cases where it would be ruled in my favor, it seems to only go to Rose v. Rose. Can you help point me in the right direction?
No, I don't know of anything that would support what you want to do. Your benefits were apportioned only because you failed to meet the order of the court that required you to pay child support and/or alimony. You fell way behind in your obligations. VA never apportions benefits unless there are egregious violations of the court order and a great deal of money owed. In many states the law requires that any child support money must be filtered through the state child support enforcement agency or it can't be counted to meet the ordered amount...rather, it will be considered a gift. The VA doesn't parcel out money to state agencies, they give the apportioned amount directly to your ex so it doesn't count against your obligation. In a divorce court the only thing we ever have going for us is our credibility when we speak. When we don't follow the orders of the court, our cred takes a beating and enforcement actions may become brutal. Pay what you owe, they're your children.