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Q651:  I am a Marine Corps Gulf war veteran with PTSD rated at 70% with dependent pay for one kid.  I just found out the kid is not mine.  My spouse is leaving me but she doesn’t want the kid.  She said for me to keep the kid because I am the only father figure he knows.  The kid is 7, but the VA has been paying me for 5 years for him.  My question, do I tell the VA he is not my kid or say nothing since he will live with me?  

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A1:  Never should have asked that question.  Should leave everything as is. Let's just hope some busybody does not get involved. As far as the VA is concerned, and basically it is your child. Let things alone.  Not only will it hurt you, it will also cause possible problems with your kid. Our children are all we have no matter what the age. I lost my oldest because of my disability. It is what is best for the kid.  And you are it.  (PG)  1/22/21

     

A2:  This is what I would do if I would want this child who thinks he is your father. You go to the Probate Judge and tell them your spouse abandoned you and the child. The additional compensation you received for the child is legitimately yours because you were married to your spouse and it is her child. You thought it was your child but turns out it was your son-in-law. Pay is the same. Once the divorce is final, then what you receive is not yours. Once the adoption if final, forward all the adoption documents to the VA along with the VA Form 21-686c.  (DS)  1/22/21

     

A3:  How do you know that she is not lying to you now. If you love him keep being his dad. What would Jesus do?  (AJ)  1/22/21