VA Benefits


#1

My husband walked out on us Jan. 1st of this year. He has been living with another woman. He is a disabled veteran and receives a monthly check. Part of this money he gets is for myself, our daughter, and my oldest daughter. He is not living with us but receives money for us. Is there something I can do about this? Also, he is trying to file the divorce before the year seperation is up and has even threatened to try and take my daughter if I don’t drop the child support I’m pursuing with the state. Because of his leaving, it has put me in a terrible bind financially. I can’t even afford to go for a consulation with an attorney. I’m afraid that I’m going to get the short end of the stick. What kind of trouble can he get in for trying to file sooner or for trying to make me agree to it? Can he just file for sole custody and get it? He basically abandoned us for another woman. Its been emotionally devastating.


#2

If he tries to file for divorce before the date, then he’ll have to serve you with papers and on the papers it will say “X and Y have lived separate and apart since _____”. If it is incorrect, you address that in your “answer”. You state that it is untrue and that he actually left on such and such a date.

DOn’t let him intimidate you about custody. He can try…but the judge will do what is in the best interest of the children.

Do NOT stop the pursuit of child support. It’s his legal obligation to his daughter.

I’m not sure how you go about letting VA benefits know you’re no longer living with your husband…sorry.


#3

If your husband files for divorce and lies in the Complaint he can be prosecuted for perjury.

Custody is not awarded based on pleadings and there would be a trial in which you would have your chance to tell the judge your side of the story. If your husband does file for custody there are certain things you will need to do, and it may very well be that legal aid in your county will assist you.