Isn't claiming a dependent on VA Disability Benefits fraud when that dependent isn't living with you?

My son's father has evaded paying child support since the day my son was born. When he did work as soon as they started garnishing his wages, he would quit. All the while, he is going on vacations, cruises and he tells me he will pay when he gets the money. I have kept very good documentation of everything he says/does - posts on social websites. In 2013, I took him to court for contempt on not paying child support/daycare bills/insurance. He was served and was told when the court day was. Well he never showed up so the judge put a $5100 cash only bond warrant out for his arrest. The judge told me that the only way he would get picked up and taken to jail is if he was in my state. He is now receiving VA disability benefits and is claiming our son as a dependent and still not paying child support. I have physical custody and in our custody papers I get to claim him every year. Isn't that fraud especially since he isn't using it to help pay his court ordered child support?