Ongoing apportionment claims for child support

Question:

Hi Jim, I am currently in the process of my 4th apportionment claim with the VA. I am currently receiving $192 for two children I was awarded from my last claim. That $192 is the ONLY support my children have received from their father in over 4 years. As you know VA disability is untouchable by district courts. He has been ordered in a district court of Oklahoma to pay me $900 a month. He receives $3200 a month in compensation from the VA. He is currently incarcerated and is supposed to continue to be for 4 or 5 years. I called recently and was told that my claim is in the final decision phase. Is it true that, while he's incarcerated, that my children could at least in theory receive his full benefit check? Also from your experience how long does it take for the VA to make a decision once its reached the "final decision phase". Finally...Isnt it true that once he's been incarcerated for more than 60 days(whether county jail or state prison ) he is no longer entitled to more than 10 percent of his benefits until release? Please add anything that you think may be helpful to me in this process.

Jim's Reply:

You are correct on all counts. I'm not able to answer how long this may take...that's one my crystal ball refuses to accept. If you'd like to get this hurried along I'd suggest that you write a brief message explaining your situation to the Secretary of the VA. His staff will read it and it's been my experience that in a situation like yours, VA can be very responsive.