flynjack
recently joined
Reged: 08/23/12
Posts: 1
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My divorce was finalized this week and already by exwife is complaining about the Post 9/11 Gi Bill. Within our agreement it specifically states "The husband will transfer his Post 9/11 Gi Bill benefits to the wife". The understanding (verbally) between my exwife and I was I would transfer a few months to her in order for her to finish her associates degree (she only had about 4 classes remaining). The rest of the benefits were transferred to our daughter. Now that the divorce is final, her lawyer has already contacted mine saying the whole benefit (all 36 months) must be transferred to her or they will sue me for contempt of court.
Question: Seeing as the agreement does not state how many months must be transferred (only says the benefit), do I have a leg to stand on if I only transfer a few months of entitlement and keep the rest for out daughter.
Thank you.
Flynjack
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2018
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With the wording that you posted, you don't have a legal leg to stand on. Verbal agreements aren't going to override a court order. And are very difficult to prove even if they could override a court order.
The agreement says the benefit. It doesn't matter how many months the benefit runs for, the court order states she gets the benefit.
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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I will have to disagree with Goodmom.
Because it doesn't say - she MAY win, she may not. Your verbal agreement is meaningless. I would hire a lawyer and petition the court for a clarifying order. Until then I would transfer the 4 months (or whatever you agree upon) and notify her of such. Start a paper trail now that your position is that the benefit was intended for her to finish her current program, which is only 4 months long.
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Forgiveness is...letting go of the hope that the past can be changed.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26787
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gibill.va.gov/documents/factsheets/Transferability_Factsheet.pdf
gibill.va.gov/benefits/post_911_gibill/transfer_of_benefits.html
acenet.edu/Content/NavigationMenu/ProgramsServices/MilitaryPrograms/serving/FederalRegisterE9-7052.pdf
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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Red - do you read it as I do - that he can't transfer it to her at all? I thought you could transfer benefits to your spouse, and they could keep them if you divorce, but you can't transfer it AFTER you divorce. They are no longer eligible. But that does open up a can of worms for this person....
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Forgiveness is...letting go of the hope that the past can be changed.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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"The husband will transfer his Post 9/11 Gi Bill benefits to the wife".
That does not sound ambiguous to me. It sounds like all of the benefits transfer. If the parties wished to limit it, they could have included language to do so. I think her lawyer is correct.
"The transferability option under the Post-9/11 GI Bill allows Servicemembers to transfer unused benefits to their spouses or dependent children."
See [censored]://gibill.va.gov/benefits/post_911_gibill/transfer_of_benefits.html
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26787
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"The husband will transfer his Post 9/11 Gi Bill benefits to the wife". The understanding (verbally) between my exwife and I was I would transfer a few months to her in order for her to finish her associates degree (she only had about 4 classes remaining).
It sounds clear to me as well. The only issues I can imagine is that if that is the language it may not be possible unless it was done prior to the divorce. If it was done before the divorce, why have the language, or why didn't she say anything at that time. If the Daughter had already received a transfer, and the ex had as well, then it can be modified to take it from the child, and given to the ex. The only other thing I could possibly see, is if the transfers had been made, is there any benefit left to give to the ex.
This part will be important, if no transfer has been made:
An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to:
•The individual's spouse.
•One or more of the individual’s children.
•Any combination of spouse and child.
•A family member must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for benefits, at the time of transfer to receive transferred educational benefits.
If they are divorced, she could still be on deers, due to having been married for at least 20 years, which overlapped with the active duty of the former member. If not, then it seems like a former spouse is not eligible. There may also be an issue if the former spouse is not sponsored by the former member, but had her own DEERS account initiated, if she met the eligibility requirements.
Edited by Redlegg (08/23/12 06:37 PM)
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