What this means
m21-1:VII.i.3.C explains marriage of a child. In plain terms, the official guidance says under 38 CFR 3.57, a person must be unmarried to qualify as a child for VA purposes. Therefore, a person of any age who marries ceases to be a child for VA purposes. It also addresses use the table below to adjust survivors benefits because of a child's marriage.
How this may help with a claim
Use m21-1:VII.i.3.C as an internal VA audit trail for marriage of a child, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: Under 38 CFR 3.57, a person must be unmarried to qualify as a child for VA purposes. Therefore, a person of any age who marries ceases to be a child for VA purposes. Use the table below to adjust survivors benefits because of a child's marriage. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: when to take action on a report of a child’s marriage
- Confirm that the record or notice addresses this source point: Under 38 CFR 3.57, a person must be unmarried to qualify as a child for VA purposes. Therefore, a person of any age who marries ceases to be a child for VA purposes.
- Document how this stated step or exception applies: VII.i.3.C.1.b. When to Take Action on a Report of a Child’s Marriage
Important limits
m21-1:VII.i.3.C is primarily internal workflow guidance about marriage of a child. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: Under 38 CFR 3.57, a person must be unmarried to qualify as a child for VA purposes. Therefore, a person of any age who marries ceases to be a child for VA purposes. Determine the effective date per the information in M21-1, Part VII, Subpart i, 3.C.2.e.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Marriage of a Child
- m21-1:VII.i.3.C
- Marriage Child
- Effect Child Marriage
- requirement that child unmarried
- when take action report
- considering inferred marriage child
- effective date adjusting benefits
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
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| Topic | Topic Name |
|---|---|
| 1 | Effect of a Child’s Marriage |
| 2 | Termination of a Child’s Marriage |
1. Effect of a Child’s Marriage
Introduction
This topic contains information about the effect of a child’s marriage, including
- requirement that a child be unmarried
- when to take action on a report of a child’s marriage
- considering the inferred marriage of a child
- effective date for adjusting benefits because of a child's marriage, and
- adjusting survivors benefits because of a child's marriage.
Change Date
March 27, 2020
VII.i.3.C.1.a. Requirement That a Child Be Unmarried
Under 38 CFR 3.57, a person must be unmarried to qualify as a child for Department of Veterans Affairs (VA) purposes. Therefore, a person of any age who marries ceases to be a child for VA purposes.
VII.i.3.C.1.b. When to Take Action on a Report of a Child’s Marriage
Take action subject to the applicable provisions of this section after receiving
- a statement from a beneficiary with the month and year of a child’s marriage, and/or
- evidence showing the marriage of a child to or for whom VA is paying Survivors Pension, disability compensation, or Dependency and Indemnity Compensation.
Reference: For more information on acceptable statements of changes in a dependent's status, see 38 CFR 3.213.
VII.i.3.C.1.c. Considering the Inferred Marriage of a Child
General Counsel has held there is no basis for inferring a child’s marriage based on the child’s cohabitation with another person. However, if the child cohabits with another person in a jurisdiction recognizing common law marriage, it is possible to find that the child has entered into a common law marriage.
Reference: For more information on establishing a common law marriage against an individual's will, see M21-1, Part VII, Subpart i, 2.B.6.
VII.i.3.C.1.d. Effective Date for Adjusting Benefits Because of a Child's Marriage
The table below describes the effective date for adjusting benefits because of a child's marriage.
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| If the child … | Then … |
|---|---|
| is entitled to benefits in their own right, or as an apportionee, receiving payments directly or through a fiduciary | discontinue the benefits effective the first day of the month during which the marriage occurred. Reference: For more information on discontinuing the award, see 38 CFR 3.500(n)(1). |
| is a dependent on another person’s award, and married prior to October 1, 1982 | remove the child from the award effective the first of the year following the year during which the marriage occurred. |
| is a dependent on another person’s award, and married on or after October 1, 1982 | remove the child from the award effective the first of the month following the month during which the marriage occurred. |
| is a dependent on a Veteran’s or surviving spouse’s Section 306 or Old-Law Pension award | remove the child from the award effective the first of the year following the year during which the marriage occurred. |
Note: The instructions described in the table above are for application regardless of whether the child is capable of self-support.
References: For more information on
- adjusting an award based on the marriage of a child that is permanently incapable of self-support, see M21-1, Part X, Subpart ii, 6.B.4.b, and
- procedures for making award adjustments, see the Veterans Benefits Management System (VBMS) Awards User Guide.
VII.i.3.C.1.e. Adjusting Survivors Benefits Because of a Child's Marriage
Use the table below to adjust survivors benefits because of a child's marriage.
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| If … | Then … |
|---|---|
| a surviving spouse is receiving payments on account of the married child, or the married child is receiving an apportioned share of a surviving spouse’s award | reduce or discontinue the surviving spouse’s award according to the instructions in M21-1, Part VII, Subpart i, 1.C.4. |
| other children are receiving apportioned awards | make adjustments in separate awards to other children (no surviving spouse entitled) effective the date of discontinuation of the married child’s award per 38 CFR 3.651, except as provided for reapportionment of awards to other apportionees per M21-1, Part VI, Subpart iv, 2.C.6. Note: The adjustment of the remaining children’s rates due to the loss of a child is one of the few occasions an increase may be made in a Section 306 or Old-Law Pension rate. |
References: For more information on
- adjusting an award because of the loss of a dependent, see M21-1, Part VII, Subpart i, 1.C.4
- the loss of the only or last child in Section 306 and Old-Law Pension cases, see M21-1, Part IX, Subpart iii, 1.C.5, and
- procedures for award adjustments, see the VBMS Awards User Guide.
2. Termination of a Child’s Marriage
Introduction
This topic contains information on the termination of a child’s marriage, including
- requirements regarding the reestablishment of entitlement following the termination of a child's marriage
- obtaining evidence regarding the termination of a child’s legal marriage
- determining whether a child’s marriage
- is void, and
- has been annulled, and
- determining the effective date of an award based on a void or annulled marriage.
Change Date
July 29, 2024
VII.i.3.C.2.a. Requirements Regarding the Reestablishment of Entitlement Following the Termination of a Child's Marriage
VA may pay benefits to or for a child that married as long as the marriage was
- terminated on or after November 1, 1990, and
- declared void or annulled.
For marriages terminated prior to November 1, 1990, VA may pay benefits to or for the child as long as the marriage was
- terminated by death, or
- dissolved by divorce decree.
References: For more information on
- determining whether a child’s marriage
- is void, see M21-1, Part VII, Subpart i, 3.C.2.c, and
- was annulled, see M21-1, Part VII, Subpart i, 3.C.2.d, and
- marriages terminated prior to November 1, 1990, see 38 CFR 3.55(b)(2).
VII.i.3.C.2.b. Obtaining Evidence Regarding the Termination of a Child’s Legal Marriage
After receiving notice that the legal marriage of a child has been terminated, request the following evidence if there is a possibility that VA may be able to pay benefits to or for the child:
- a statement from the child indicating where, when, and how the marriage was dissolved, to include an indication of whether the marriage was considered void
- a statement as to whether or not the child ever filed an application for or received VA benefits as the child of another Veteran, and
- a copy of the final decree of annulment, if the child's marriage was annulled.
Important: If the child has received benefits as the child of another Veteran, the statement must include the name and VA claim number of the other Veteran.
Note: Determine the effective date per the information in M21-1, Part VII, Subpart i, 3.C.2.e.
VII.i.3.C.2.c. Determining Whether a Child’s Marriage Is Void
Follow the steps in the table below to determine whether a child’s marriage is void.
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| Step | Action |
|---|---|
| 1 | Fully develop the facts surrounding the alleged void marriage. This includes obtaining statements from parties to the “marriage.” |
| 2 | Submit the case to District Counsel for a legal opinion as to whether or not the marriage is void. Reference: For more information on when to obtain an opinion from District Counsel, see M21-1, Part VII, Subpart i, 1.A.3.d. |
| 3 | Did District Counsel declare the marriage void? If yes, determine the effective date of an award or an increased award per the information in M21-1, Part VII, Subpart i, 3.C.2.e. If no, deny the claim. Note: No administrative decision is required. |
Reference: For more information on determining whether a marriage is void, see M21-1, Part VII, Subpart i, 2.A.6.
VII.i.3.C.2.d. Determining Whether a Child’s Marriage Has Been Annulled
Follow the steps in the table below to determine whether a child’s marriage has been annulled.
Important: A finding that an annulment was fraudulently obtained renders the annulment invalid for VA purposes.
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| Step | Action |
|---|---|
| 1 | Ask the claimant to submit a copy of the court decree of annulment. |
| 2 | Did the claimant provide the decree within 30 days? If yes, go to the next step. If no, deny the pending claim, and disregard the remaining steps in this table. |
| 3 | Is there evidence that indicates there was fraud in obtaining the annulment? If yes, go to Step 5. If no, accept the decree as evidence of termination of the marriage, and go to the next step. |
| 4 | Award benefits to or for the child if entitlement otherwise exists. Disregard the remaining steps in this table. Note: Use the information in M21-1, Part VII, Subpart i, 3.C.2.e, to determine the proper effective date of the award. |
| 5 | Initiate full development to include requesting copies of the petition to the court for annulment, and answer to the petition, and a transcript of the testimony. |
| 6 | After development is complete, ask District Counsel for an opinion as to the legal effect of the alleged annulment. Note: An opinion is required from District Counsel because questions as to whether or not the decree was obtained through fraud are mixed questions of fact and law. Reference: For more information on submitting a request for an opinion to District Counsel, see M21-1, Part VII, Subpart i, 1.A.3.e. |
| 7 | Did District Counsel determine the annulment was fraudulently obtained? If yes, go to Step 9. If no, accept the decree as evidence of termination of the marriage, and go to the next step. |
| 8 | Award benefits to or for the child if entitlement otherwise exists. Disregard the remaining step in this table. Note: Use the information in M21-1, Part VII, Subpart i, 3.C.2.e, to determine the proper effective date of the award. |
| 9 | Prepare a three-signature administrative decision using the format in M21-1, Part X, Subpart v, 1.C.2. |
VII.i.3.C.2.e. Determining the Effective Date of an Award Based on a Void or Annulled Marriage
Use the table below to determine the proper effective date of an award or increased award of benefits that is based on a claim that a child's marriage is void or was annulled.
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| If … | Then the proper effective date is … |
|---|---|
| District Counsel determined the marriage is void | the later of the following dates: the date cohabitation ended, or the date VA received the claim. |
| a judicial decree of annulment was accepted as proof of termination of the child’s marriage | the date the decree became final (if VA received the claim within one year of that date), or the date VA received the claim. |
Reference: For more information on the effective date of an award or increased award of benefits based on
- a void marriage, see 38 CFR 3.400(u)(1), and
- an annulled marriage, see 38 CFR 3.400(u)(2).