I’m writing on behalf of my son, who is incarcerated. We just received notice his VA disability compensation will be reduced to 10 percent. The amount he will get is around $100 per month. But he has to pay child support in the amount of $700 per month. Can anything be done so he can at least meet the child support amount?
Any veteran who is receiving VA disability compensation and is incarcerated in a federal, state, or local correctional facility for longer than 60 days due to a felony conviction will receive only a limited portion of his or her VA compensation benefits. For example, if a veteran is receiving compensation at the 30 percent rate, he will be paid at the 10 percent rate.
Based on individual need, however, the balance of a veteran’s benefit may be apportioned to his or her spouse, children, or dependent parents. Upon making an application for apportionment of the veteran’s benefit, VA will consider the request by evaluating such factors as the dependent’s income and living expenses, the amount of compensation available to be apportioned, and the needs and living expenses of any other dependents seeking apportionment, including whether any have special needs.
If an apportionment is granted, it is subject to immediate discontinuance upon the incarcerated person’s release or participation in a work release or halfway house program.
To apply for an apportionment, a dependent family member should send a letter requesting an apportionment to the VA Regional Office or call 1-800-827-1000.
Please feel free to browse our extensive VetsFirst Knowledge Books for answers to this and other questions. If you are unable to find an answer to your question, please submit it directly to Ask VetsFirst.