1. Send your questions and comments to: CSDATraining@CSDACA.ORG VETERANS’ BENEFITS AUGUST 2012 1 VETERANS' BENEFITS

2. Terry Symens-Bucher Supervising Attorney Alameda County DCSS VETERANS’ BENEFITS AUGUST 2012 2 VETERANS' BENEFITS

3.  Basic Eligibility for Benefits  Types of Benefits  Enforcement  Dependents’ Allowances  GI Bill Educational Benefits  Establishment & Modification August 2012 3 Veterans' Benefits

4.  Almost 22 million veterans in the U.S.  The VA annually awards more than $ 29 billion in disability benefits to millions of veterans.  As of June 2012 there was a backlog of 900,000 disability claims with the VA. August 2012 4 Veterans' Benefits

5.  Discharge from active military service (except dishonorable discharges)  Member of Army, Navy, Air Force, Marines and Coast Guard  Commissioned officer of:  Public Health Service  Environmental Science Services Administration  National Oceanic and Atmospheric Administration (Predecessor: Coast and Geodetic Survey) August 2012 5 Veterans' Benefits

6.  Spouse—  Marriage certificate  Children—  Birth certificates, adoption papers, parentage judgment, paternity declaration August 2012 6 Veterans' Benefits

7.  Retirement pay  Disability Compensation  Disability Pension  GI Bill/Educational benefits August 2012 7 Veterans' Benefits

8.  Paid by Department of Defense, not Department of Veterans Affairs  Based on rank and years of service at time of retirement  Can be used to calculate support  Is subject to withholding  Serve IWO to Defense Accounting and Finance Services (DFAS) August 2012 8 Veterans' Benefits

9.  Benefit paid for service-connected disability.  Varies with degree of disability and number of dependents.  Amount also affected by retirement pay, disability severance pay, other incentive payments.  Direct deposit, debit card, or check paid monthly.  Disability must be at least 30 % for children to be eligible for allowances (“derivative benefits”). August 2012 9 Veterans' Benefits

10.  Disability compensation is not subject to withholding.  Veteran can waive portion of taxable retirement pay in order to receive nontaxable disability.  Retirement pay is subject to withholding.  Disability compensation is subject to withholding equal to the amount of retirement waived.  Send IWO to Regional Office of the Department of Veterans Affairs. August 2012 10 Veterans' Benefits

11.  None before being paid to veteran, unless it’s against the portion based upon waiver of retirement pay.  Once in veteran’s possession then the funds are subject to enforcement remedies.  Rose v. Rose (1987) 481 U.S. 619— affirmed veteran can be ordered in a contempt proceeding to pay child support out of disability compensation even though it is his sole source of income. August 2012 11 Veterans' Benefits

12.  VA determines amount upon application by veteran or receiving claim from CP.  Veteran @ 30 % disability = $ 386; with one child = $ 420;  two = $ 442;  three = $ 464.  Veteran @ 90 % disability = $ 1661; with one child = $ 1754;  two = $1823;  three = $1892.  In the case of separation, the total would be allocated based upon the financial circumstances of the veteran and the family. August 2012 12 Veterans' Benefits

13.  Paid by Department of Veterans Affairs (VA).  NEEDS-BASED: therefore, probably not income for child support purposes.  Family Code section 4058 (c).  Intended to provide relief to veterans with very low income.  Eligibility August 2012 13 Veterans' Benefits

14.  Depends on Veteran’s family situation and caretaking needs.  Pension augments total income, including other retirement and Social Security.  Max annual rate w/o dependents: $ 11,830  With one dependent--$ 15,493  Each additional dependent— $ 2,020 August 2012 14 Veterans' Benefits

15.  Federal regulations allow for apportionment of all or any part of the pension and compensation payable on account of any veteran. 38 CFR 3.450  Criteria  Children are not residing with veteran  Veteran is not reasonably discharging his/her responsibility for child support August 2012 15 Veterans' Benefits

16.  Write VA on LCSA letterhead signed by appropriate agency official and CP requesting apportionment review.  VA usually requires completed VA Form 21-0788 Information Regarding Apportionment of Beneficiary’s Award; www.va.gov/vaforms/. www.va.gov/vaforms/  Attach the support order and payment history. August 2012 16 Veterans' Benefits

17.  VA benefit amount being paid;  Other resources and income available to veteran and to children;  Special needs of veteran and his/her children;  Special needs of the claimant.  Generally no more than 50 % & no less than 20 % for any dependent.  No apportionment where total benefit does not permit payment of reasonable amount to anyone. August 2012 17 Veterans' Benefits

18.  Parent paying support gets dollar- for-dollar credit against child support obligation for any VA benefits received by the custodial person, unless VA benefits were considered when support was ordered.  Custodial person, upon notice, shall apply and cooperate with obtaining any benefits for which the child is eligible.  If the custodial person refuses to apply or fails to cooperate then credit shall be given as if the benefits were being received. August 2012 18 Veterans' Benefits

19.  Call 1-800-827-1000.  Identify veteran by SSN (VA file number).  Will state date of last payment(s) and amounts.  Derivatives stated after NP’s amount.  Will state how payment made-- check or direct deposit.  Has option for widow, spouse, and/or dependent payments. August 2012 19 Veterans' Benefits

20.  Generally, veterans may receive up to 36 months entitlement under the Post-9/11 GI Bill.  Cost of tuition and fees paid directly to school.  Monthly housing allowance paid directly to veteran.  Annual stipend for books and supplies. August 2012 20 Veterans' Benefits

21.  Post-9/11 GI Bill  Montgomery GI Bill—Selected Reserve  Reserve Educational Assistance Program  Veterans’ Educational Assistance Program (VEAP)  Veterans Retraining Assistance Program (VRAP)  Vocational Rehabilitation and Employment VetSuccess Program August 2012 21 Veterans' Benefits

22.  Monthly Housing Allowance (MHA) equal to basic allowance for housing (BAH) payable to an E-5 with dependents in the same zip code as the veteran.  2012 Average amount for all CONUS locations: $ 1,368.  Paid to veteran, probably direct deposit.  Non-taxable. August 2012 22 Veterans' Benefits

23.  Exempt from garnishment and other legal process.  MHA is paid proportionate to enrollment; i.e., full benefit paid if veteran is full time student.  No MHA paid if veteran attends school less than half time.  If the veteran is enrolled solely in distance learning then allowance is ½ full MHA. August 2012 23 Veterans' Benefits

24.  Con—no it is not  Federal law rules.  VA and IRS say it’s not income.  It’s exempt and protected for veteran’s use.  It’s intended to support the veteran readjust to civilian life.  Pro—yes it is  Broad definition of FC section 4058.  Federal law does not pre-empt in this area.  Federal exemption law is not determinative.  The amount includes support for dependents. August 2012 24 Veterans' Benefits

25.  Fully paid tuition at any public Institution of Higher Learning (IHL).  Capped at $ 18,078 per academic year at any private or foreign IHL.  Paid directly to the school to reimburse tuition and fees.  Not subject to legal process or garnishment. August 2012 25 Veterans' Benefits

26.  Up to $ 1,000 paid annually for books and supplies based upon enrollment.  Paid to veteran.  Non-taxable.  Exempt from garnishment or legal process (sovereign immunity).  Bank levy?  Income for purposes of child support? Lump sum? August 2012 26 Veterans' Benefits

27.  Required findings for order:  Ability to earn  Opportunity to engage in paid work  Arguments to impute--  Primary responsibility is to provide for children’s needs.  Self-fulfillment, career goals, professional enhancement come after parental obligation is met. August 2012 27 Veterans' Benefits

28.  Mixture of actual & imputed income  Don’t forget to consider this third option which was used in Stewart v. Gomez.  Deviation from guideline  In the appropriate case, once the court has determined gross income, an argument may be made to deviate from guideline, either up or down, depending upon the circumstances of the case. August 2012 28 Veterans' Benefits

29.  Establishment--  Current situation will carry significant weight.  Difficult to argue to impute if veteran has already engaged in educational program.  Modification scenarios--  Increase based upon imputation  Increase based upon educational benefits  Decrease based upon decreased ability to pay August 2012 29 Veterans' Benefits

30.  The best source of information can be your local/regional Veteran’s Affairs office or Outreach station.  The CP.  Don’t forget to communicate and work with the veteran.  Got documents? August 2012 30 Veterans' Benefits

31. The best way to find yourself is to lose yourself in the service of others. August 2012 31 Veterans' Benefits

32. August 2012 32 Veterans' Benefits

33.  Submit questions and comments to: CSDATraining@csdaca.org CSDATraining@csdaca.org  To obtain your MCLE Certificate:  Register at CSDAEvents@csdaca.org CSDAEvents@csdaca.org  After completing the training, complete and print the MCLE Certification and Evaluation and fax it to:  916-446-1199 August 2012 33 Veterans' Benefits