Hello Decatur Read your comment on VA benefits and thought id take ur advice you gave to a different member.and write you .
Ill try to make this simple ,
My mother was divorced from her husband but didn't know it for first two years !!! she filed her taxes as separated during that time.
Her military id had expired so she went to have it up dated. un be-known to her, she was DIVORCED for the last two years!!! they had military police there to walk her off the base!!! she felt so embarrassed and humiliated to say the least!! they treated her like a criminal!!
They called her x husband who is retied military ! to get a copy of the divorced papers thankfully she had present of mind to ask for a copy and sure enough she was divorced!!!
What happened was, her x husband and his lawyer conspired together to not let her know she was divorced so that she would not be able to qualify for x spouse benefits ( there is a window (one years after ur divorced to let VA know ur divorced from ur x spouse to receive the benefit (SPB) in the event he dies )
MEAN WHILE he by court order, still paid/pays into the SBP and writes /wrote her out a check every month !! do to her being married to him active duty for 5 years!! but, all that means nothing to VA because she didn't file one year window after she was divorced so therefore she isn't able to receive SBP !! after he passes on !!!
Her x husband and his lawyer conspired together by not letting her know she was divorced, she had moved clear across country soon after she was divorced but her ex still knew where she lived cause he had to send her a check every month !!
My question is how can we get her SBP she is entitled to? does she have any legal ground? her ex does pay into it and still does ...( we checked and the SBP is still being paid ) it is written on divorce papers that she is entitled ! she has been divorced from him since 2005.
Sorry it was such along drawn out comment but nothing ever is with VA !!!
Thanks Cynthia
By the way I'm Air force brat and x military navel wife my self!
Thanks in advance
she did go to court to receive a divorce but she had no idea that papers were finalized 5 months later. in mean time she moved clear across country to be near her family ! she just assumed things were good and they were separated do to not hearing from anyone be it e- mail... phone .. or snail mail !!
no one told her!!! she even filed her taxes for 2 years as being separated not divorced do to thinking she was just separated!!
her lawyer didnt tell her nor did his lawyer send any final divorced papers!! so therefore through default she missed the one year window ! aren't gov agencies suppose to contact you ? her ex knew she had moved but he didn't send any final paper work letting her know that the divorced had been finalized !
how can I get this situation taken care of or her?? anyone have phone numbers names I can contact to help her?
her ex still pays into SBP
she found out 2 years later divorced had been finalized 6 months later after court procedure .... she had no contact with her lawyer or his and no commutation with her ex.... so due to not knowing she missed the 1 year limit . TRUE STORY!!
don't want to go into the behavior of her ex husband but if there is a way for him to manipulate the system he will do it to keep her from getting what she deserves !!
she is the victim here not him and she isn't trying to get anything back handed ! she lives hand to foot ! just want to help her!
so since he still pays sbp why cant she receive it on his passing? and it is written in divorce papers on her behalf!! ...... this was her ex husband second marriage, her first he knew what he was doing ! she didn't !!
YOU DONT KNOW.... WHAT YOU DONT KNOW!!
THANKS FOR ANY HELP !
I personally don't know anything about SBP. My only suggestion would be that your mother call her ex's last base's Family Support office and talk to them.
And I agree that your mother would have the best claim against the attorney if she wasn't sent proper notice during the divorce process.
Good luck.
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