Chapter 35 Benefits, Stepchildren in VA Education ILP, Ch. 31, Ch 35, GI Bill Forum

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Chapter 35 Benefits, Stepchildren

Author	Comment
hmbez	Chapter 35 Benefits, Stepchildren		Lead	[-]
Posts: 6 Jan 2 08 12:57 PM	I just got married (December 2007) and my bride has 2 children 19 and 22, in college, one living with his father and the other in the city in an apartment. Both children work part time. A few days after the wedding the VA awarded me 100%PT PTSD with Chapter 35 benefits. That was a long wait and the timing a big surprise. I have filed the paperwork for their Chap 35 benefits which I was told they were eligible for by the CSO. The children want to know what needs to be done about their income tax forms for 2007 as they get a refund and want is asap. I really cannot claim them as dependents although my now wife and I have lived together for 6 years. They lived with us over the years now the father provides one with support, the other is on his own, working to support himself. I can't find any info stating that I have to claim them as dependents or that they need to list us as providers so they get the education benefits. Any help would be appreciated. Thanks
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nmfxstc		#1	[url]	[-]
Posts: 25197 Jan 2 08 3:08 PM	(I believe you have to be an adoptive parent in order to have Ch 35 benefits for the stepchildren. Their taxes will not be effected by the awards) Fillean meal ar an meallaire.
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71infantry		#2	[url]	[-]
Posts: 4990 Jan 2 08 5:44 PM	hmbez wrote: I just got married (December 2007) and my bride has 2 children 19 and 22, in college, one living with his father and the other in the city in an apartment. Both children work part time. A few days after the wedding the VA awarded me 100%PT PTSD with Chapter 35 benefits. That was a long wait and the timing a big surprise. I have filed the paperwork for their Chap 35 benefits which I was told they were eligible for by the CSO. The children want to know what needs to be done about their income tax forms for 2007 as they get a refund and want is asap. I really cannot claim them as dependents although my now wife and I have lived together for 6 years. They lived with us over the years now the father provides one with support, the other is on his own, working to support himself. I can't find any info stating that I have to claim them as dependents or that they need to list us as providers so they get the education benefits. Any help would be appreciated. Thanks Yes they are eligible. Down load a copy of VA Pamphlet 22-73-3 under eligibility on page 1 you will see that stepchildren, adopted children and natural children are eligible. But you do not apply for it, the children must apply through the school they are attending and the school must verify continued attendance for them to receive a check each month. They will need to file VA Form 22-5490 (downloadable) . I would post these Items for you but I have not be able to figure out how to attach stuff to this board.
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Liz5	try	#3	[url]	[-]
Posts: 1 Sep 8 08 10:23 AM	Hi, I just found your post and felt I had to respond. I also had two children when I marrried my husband, my 2 children (his step children) both received ch 35 educational benefits. three more children and 20 yrs later we're still here, happy and grateful for all the help the VA has provided. My husband is a wonderful father and provider, he doesn't consider the two oldest kids, his "step" kids, they're his children, just like the next three we had together.... the VA made no distinction, they weren't adopted and the VA never required that they be adopted...I don't believe that has changed, as long as you're married but please check.. good luck and God bless America Elizabeth
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markw1968	a flaw in the system	#4	[url]	[-]
Posts: 508 Sep 9 08 7:56 AM	As nice and all as it sounds, step children ought not to be eligible...especially if they are over 18. If they are not adopted, then the natural parents are more than likely in the picture, and if it is like a vet I know, the natural father is paying for college so the kids are raking in a cool number....to quote the vet: " They pay their own way to spring break in Florida "....said with a huge smile on his face. At that age, they are adults, and they were not reared as the vets and became eligible only because their mother ( or father ) married a vet. how utterly inane.
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SubDoc732	Chapter 35 Benefits	#5	[url]	[-]
Posts: 21 Sep 12 08 12:26 PM	To Quote markw1968 "how utterly inane",,,,, what a "useless" comment that u made at the end of a nicely put together paragraph. Chapter 35 benefits are great help to my STEP-CHILDREN in college !!! Edited 1 time by SubDoc732 Sep 12 08 12:28 PM.
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SubDoc732		#6	[url]	[-]
Posts: 21 Sep 12 08 12:31 PM	SubDoc732 wrote: To Quote markw1968 "how utterly insane",,,,, what a "useless" comment that u made at the end of a nicely put together paragraph. Chapter 35 benefits are great help to my STEP-CHILDREN in college !!!
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Survivir		#7	[url]	[-]
Posts: 10257 Sep 12 08 8:08 PM	markw1968 wrote: As nice and all as it sounds, step children ought not to be eligible...especially if they are over 18. If they are not adopted, then the natural parents are more than likely in the picture, and if it is like a vet I know, the natural father is paying for college so the kids are raking in a cool number....to quote the vet: " They pay their own way to spring break in Florida "....said with a huge smile on his face. At that age, they are adults, and they were not reared as the vets and became eligible only because their mother ( or father ) married a vet. how utterly inane. I agree. The Chapter 35 Benefits should be for the Children and the Spouse of the Veteran...and NOT for the Step-Children. What's going to be next...the Ex-Spouse will be eligible, too. I would rather the Ex-Spouse be eligible for the Chapter 35 Benefits...than Step-Children...because the Ex-Spouse has, in some way, contributed. Also, I do NOT agree with Children of people on SSDI receiving the equivilant of ONE HALF of the Benefits that the SSDI recipient receives, either. Children of people on SSDI...should receive benefits similar to what the VA pays. UNLESS...the Parent of the child has died...then there SHOULD be MORE benefits for a child, in that situation. There are way TOO MANY Senior Citizens that are barely existing from day to day..and they should get extra benefits...to live their lives, better. Survivir
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ms57		#8	[url]	[-]
Posts: 1153 Sep 29 08 5:59 PM	hmbez when you go thru this process,i would call the number for chap35 benefits and ask to have them send you the form so you can act on there behave and ask question.this new to me and my wife and kids have NO ideal how the va works.mike ******** markw i disagree with your comment,with what happen today in congress and wall st.i am not happy with this bale out,some thing has to happenkids are kids each parent needs to give some support Edited 2 times by ms57 Sep 29 08 6:05 PM.
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Survivir		#9	[url]	[-]
Posts: 10257 Sep 30 08 6:30 AM	ms57 wrote: hmbez when you go thru this process,i would call the number for chap35 benefits and ask to have them send you the form so you can act on there behave and ask question.this new to me and my wife and kids have NO ideal how the va works.mike ******** markw i disagree with your comment,with what happen today in congress and wall st.i am not happy with this bale out,some thing has to happenkids are kids each parent needs to give some support MS57: Kids are NOT Kids. It is NOT my responsibility to Support Your Kids...any more than it is Your Responsibility to Support My Kids. And that is what is happening, indirectly, when a Veteran supplies benefits to the Kids of his or her Spouse...who are NOT Adopted. You are exactly correct...Each PARENT needs to give some support to their Kids...and NOT the Step-parent. It's called responsibility...and there are way-too-many Parents who are NOT responsible...and others enable this irresponsibility by having OTHERS Supply and Support OTHER Peoples Kids. If the OTHER Parent is Dead...then THAT is what the Social Security Benefits are for. But NOT to have the Step-Parent Supply and Support a Kid that is NOT Biologically or Adopted. Survivir
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173dave	I just went through this	#10	[url]	[-]
Posts: 51 Oct 5 08 1:52 AM	My step daughter has been with me since she was 3 years old. They would not pay for her under Chap 35. I had to prove she was my dependent with my tax returns. Talk to your VSO. I doubt they will approve, but its worth a try. Good Luck
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3ID tanker		#11	[url]	[-]
Posts: 2760 Oct 5 08 7:59 AM	from 22-5490......NOTE: "Child" includes adopted children and stepchildren who are members of the veteran's or individual's household. Married children are eligible for this benefit. The period of eligibility for a child is generally between the ages of 18 and 26 years. In certain instances, it is possible to begin training before age 18 and to continue after age 26.
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Koda55		#12	[url]	[-]
Posts: 743 Oct 5 08 9:57 PM	My wife had 2 children ages 5 and 8 when we married. I have never referred to them as my step but my children. They have always referred to me as their Dad. My parents always referred to them as their grandchildren. When you marry someone with children you marry the entire package. Thirty seven years later the love for them is no different than the love for the child we had together. They may be half brother and sister but I wouldn't tell them that as someone was foolish to do. They also had navy medical and ID cards till they were 21. If the navy didn't see any difference why should VA. In fact IRS said I could also claim them. It's easy to say they don't deserve the same benefits but they had to endure the same life style as a natural born child. koda55
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bigmuny	The 5 P's	#13	[url]	[-]
Posts: 61 Dec 19 08 11:24 PM	Some of the guys who respond on here that have 12,000 post should be able to give detailed accurate information about VA Policy in any area. A Veteran is looking for information when they come to this "Veterans Benefit Network" and not to be slammed or raked across the coals...If you don't have accurate information then don't reply with a maybe, or could or possible or I think...know the answer and if you don't know google, search the VA manuals and then give a response that is accurate and to the point. Some of the responses I've seen on here border on plain ignorance...Is this they way you want a VA Rep to respond to you when you walk into the office of the DAV or American Legion or an Attorney??? How about if you go to your Congressman and he tells you "Well I think you can or can't"...No you want him to know for sure. Use the 5 P's...Proper Planning Prevents Pisspoor Performance.
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next2jesus		#14	[url]	[-]
Posts: 364 Dec 20 08 12:16 AM	My 16 year old step-daughter is approved for chapter 35 when she goes to college next year. I may not be her natural father but I am the only daddy she knows. Mathew 6:33
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jdave		#15	[url]	[-]
Posts: 6596 Dec 21 08 11:39 PM	This is straight from the VA. Note that a stepchild must be living with or receiving one/half support from the veteran, among other requirements: I googled "VA definition of stepchild" and got the whole shebang. a. Definition of Stepchild The term stepchild for VA purposes refers to the legitimate or illegitimate child of the veteran's spouse. A child of a surviving spouse whose marriage to the veteran is deemed valid may be a stepchild. References: For more information on • deemed valid marriages, see M21-1MR, Part III, Subpart iii, 5.E.26, and • the definition of legitimate and illegitimate child, see 38 CFR 3.57(b). Continued on next page 42. Establishing the Relationship Between the Veteran and His/Her Stepchild, Continued [b]b. Requirement That the Stepchild Be a Member of the Veteran's Household Under 38 CFR 3.57(a)(1), a stepchild must be or have been "in the veteran's household" in order to achieve stepchild status.[/b] • If veteran is alive: Stepchild must be a member of the veteran's household. • If veteran is deceased: Stepchild must have been a member of the veteran's household at the time of the veteran's death. A child who is not, or was not, at the time of the veteran's death actually living with the veteran, may still qualify as a stepchild if the child was living apart solely for medical reasons, to attend school, and so forth. Such a child is considered to be in "constructive custody." If the child receives at least half of his/her support from the veteran, the "in the veteran's household" requirement is met. Note: Legal custody awarded to some person other than the veteran does not affect the stepchild's status as a child of the veteran as long as the child is actually a member of the veteran's household. jDave Member since January 2003 SRU # 3 1965-66 2/8th Cav 1967 MAT IV-22 1968 I operate on the philosophy: "No BS straight answers based on genuine experience and knowledge"
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chicagobob25726		#16	[url]	[-]
Posts: 3095 Dec 22 08 11:40 AM	IF NOT ADOPTED IT SHOULD NOT BE>>>>> "The NAVY CHIEF IS ALWAYS RIGHT" CPO "INITIATED AND PROUD" 100% I.U/P&T/Combined 80% 70% G.A.D/MAJOR DEPRESSION 30% Headaches 10% Back 10% Knee
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smhbjh	We help others so others will help us	#17	[url]	[-]
Posts: 68 Dec 23 08 5:59 PM	I have 2 step daughters. The youngest one is 20 years old and is attending college, lives in the dorm and is a junior. She is receiving Ch 35 benifits and has been since i was awarded 100% IU P&T. I also have another daughter, my oldest, who is 22. She has been married and has a three year old child and is going to return to college this summer. She also has Ch 35 benifits and will be receiving full time status this summer. Marrage does not void the benefit. The VA consideres both step daughters as eligable for the benefits, my disability does not allow me to contribute to their education by working or to help support them. The VA considers this part of my VA award to benifit my children because of my lack of ability to earn an income. Contrary to what many think, all college educations are not just the responsibility of the child. Yes they should have a vested interest in their own education but as a parent I should also contribute. As the Federal Government identifies, thru its FASFA website, monatary help thru loans, grants, and work study are awarded based on the families ability to contribute to the education. Since we are unable to work, part of our VA benifits, is the Chapter 35 program which now allows me to contribute with part of my benifits. Yes the child is responsible for the Ch 35 program but they would not be elegable unless I was P&T. Anyone who has a problem with my children receiving a benefit that came about because of my award really needs to take a look at why any of us are receiving VA benefits at all. We provided a service to our nation, we now have problems that don't allow us to work and contribute to our families like other families do. THUS VA BENEFITS. If you don't like it POUND SAND. And by the way, those of you who think its your money that the VA is paying me or my children, remember you didn't serve alone and are not the only one that made the sacrifice. Remember those that post here should provide positive information to vets that are trying to find answers. We help others so others will help us. smhbjh
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Redhorse	Stepchildren DIC	#18	[url]	[-]
Posts: 1 Oct 21 09 4:03 AM	I have custody of my exes son, we off set childsupport as she had custody of our daughter. Her son is not my biological nor the veterans. The child was taken out of the home as temp and end to be returned. Her husband was killed in Iraq while the child is in my home (listed as non relitive foster care) shouldn't the stepchild recieve benifits??? I applied for the child and was denied should I appeal?
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ADNick	So let me get this correct	#19	[url]	[-]
Posts: 402 Oct 21 09 4:43 PM	For the ones against this, for the most part you just want a 100% disabled Vet do an expensive legal process and then it's OK? Speaking for myself, I have very little to offer someone to marry me, I'm 100% with an SMC of M so this is one small benefit that comes with taking me on.... I think I gave plenty for this "benefit", in my view, much more than I will ever receive--But even for those who don't agree, it's the rules as they stand today--So if you don't like it then you have the right to try and change it, and I will fight against you. Just a note--I don't have anyone to pass the benefits to, but I still think it's a good thing. Nick Out
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andrea1016		#20	[url]	[-]
Posts: 83 Oct 25 09 11:11 AM	My question is that if you have step-children over the age of 18 why should they receive benefits? Theoretically, then if you marry someone with a child 25 years old (or rather should be called an adult), they can receive Chapter 35 benefits. That doesn't seem right. I completely understand if you have young children and get remarried; however if you don't adopt that child(ren) then the 2 biological parents should be supporting that child(ren). If the means are not there then the child (young adult) can apply for financial aid or grants and get a job like everyone else can! It seems so wrong that vets have to wait and wait and prove every little detail of their disabilities and then the VA gives away benefits based on nothing more than a marriage that may not last!
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Chapter 35 Benefits, Stepchildren

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