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P. Simmons, Military Lawyer
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CHAMPUS Related Questions

What is CHAMPUS?

Civil Health and Medical Program of the Uniformed Services or CHAMPUS is an American funded health program that provides medical care for military members and their dependants. When a person is on CHAMPUS, when they turn 65 they generally get switched over to Medicare. CHAMPUS is a lot like Medicare, in which the government contracts through privet parties that help to administer the program. Through the years, CHAMPUS has been revamped as a type of managed care system and renamed Tricare and is now known as the Tricare program that the military uses today. For more answers given by the Experts about CHAMPUS read below.

Can a divorced spouse of a retired military person use CHAMPUS?

When a person is married to a military person and they get a divorce, then any type of Tricare or CHAMPUS is terminated when the couple gets a divorce. In most cases, once the divorce is final, then the coverage that the former spouse had would be terminated and the former spouse of the military person would not have CHAMPUS coverage.

How can a former military person get the back pay from CHAMPUS when they made a mistake and took all the person’s pay over 40 years ago?

In most cases, CHAMPUS cannot withhold money that is the military person’s money. The issue that the person may face is that the statute to file against them and retain repayment is 2 years, so the person may not get the repayment. The other issue the person may face is the fact that it was so long ago, that all the records of the medical issue may be lost or gone making it hard to prove the issue that the person wants to prove.

Will a former spouse’s benefits start when their ex-spouse retires from the military and what benefits can the former spouse get?

When the former spouse retires, then the person will start to receive their benefits. There are only certain cases in which the former spouse can get benefits, the former spouse would have to be married to the person for over 20 years, show that the person served 20 years of credible service, that the marriage lasts 20 years, and the marriage over lapped the service by 20 years. If the person meets the requirements, then the person would receive commissary, medical insurance known as CHAMPUS or Tricare, and exchange. If some of these requirements are not met, then the person would lose their commissary and exchange when the divorce is final.

If a person is 64 years of age and their military spouse is divorcing then after 38 years of marriage. Would they be entitled to CHAMPUS?

If the person has a Survivor Benefit Plan (BBP) and named the soon to be ex as the beneficiary, then if the person died then the beneficiary would receive the money from that as well a portion as the person’s pension. If the person did not elect to have the BBP, then the former spouse generally would not be able to claim any benefits such as CHAMPUS once the divorce was final unless the person got a court order saying the former spouse had to maintain CHAMPUS.

When a person is in the military they would be entitled to CHAMPUS which is a type of health care that has been revised and is now called Tricare. When a person or former spouse has questions regarding how CHAMOUS works, how it covers people. What services does it cover, and any other questions regarding CHAMPUS. When these questions arise, then the person would need to seek the answers from an Expert.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11993
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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3 Military Lawyers are Online Now

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent CHAMPUS Questions

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    My brother was just offered an involuntary severance package. Is there a way for him to go around it? He's spent about 14 years in the marines so far. He wants to finish his 20 years so he could get the full benefits. He doesn't want to leave. Is there a way to avoid taking the package. Is he jeapordizing his standing if he refuses it? What are his options if he doesn't accept the severance package?
  • What benefits does a military ex-spouse lose when the sponsor

    What benefits does a military ex-spouse lose when the sponsor dies?
  • I injured my knee in basic training while going down the stairs

    I injured my knee in basic training while going down the stairs to the drill pad. I was put in "limbo" in the hospital for 3 days, I believe (34 years ago). I fought the imminent discharge because I Needed to graduate basic training! I somehow (with two caring recruits holding an arm each) passed the running test. I have since had surgery for torn medial meniscus and continue to have knee problems. Can I get disability? I also was given a hardship discharge due to marital and depression problems incurred during pregnancy and birth of my first son.
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