The shame of it all is that we are even having this type of discussion.
I am a veteran. I am a Democrat. I am a very politically active Democrat. But where veterans are concerned, politics stops. It is no longer a matter of right or left, liberal or conservative, it is a much simpler matter: Right or wrong.
Disabled Veterans NEED to know that THEIR Veterans' Disability Compensation is NOT to be used for marital property settlement for Alimony/Maintenance.
This goes against Federal Law (38 USC 5301), and in Ehlers v. Ehlers,(No. 97D-73) Illinois case law precedent, Wojcik v. Wojcik (No. 03-D-2709),
Du Page County, Illinois Plus MANY MORE States.
Veterans' Rights Advocate, Jere Beery, stated,"I don't think the American people are aware that millions of tax dollars paid by American tax payer's...
Veterans' Rights Advocate, Jere Beery, stated,"I don't think the American people are aware that millions of tax dollars paid by American tax payer's for veteran's disability benefits are being diverted to able body third parties via divorce court. This is very wrong and needs to be stopped as soon humanly possible". Beery stated."The wording of 5301(a) is Very clear and forbids 'attachment' of veterans' benefits under any legal process, including divorce court.
If a judge uses a veteran's VA Disability benefits to determine ability to pay alimony or spousal support, that judge has 'attached' to that veteran's benefits by calculation. I don't see any gray-area here", Beery said in a recent FBN interview.
As A Long Time Veterans' Right Advocate, he has spent hundreds of hours researching this Issue over the past two years. In addition, he has written several articles on the subject of Veterans' benefits protection in many state courts."This issue is a lot bigger than just disabled veterans," stated in a FBN interview."Any disabled American could fall victim to having their disability benefits stripped and diverted to a third party in divorce court.
Disability benefits should belong solely to the person that has the disability and qualified for the benefits. Not an able body third party," he concluded.
Disabled Veterans' Benefits are Protected by Federal law.
In fact, U.S. Code, Title 38, section 5301(a), states in part:
Nonassignability and exempt status of benefits Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Anyone can view this Federal Law by going to:
Or At Their Public Library Under Federal US Codes-Statutes.
State judges are over-stepping Their authority and ILLEGALY striping veterans of THEIR earned entitlements.
Many Of Our Disabled Military Veterans Are Jailed In Contempt Of Court By Refusing To Pay Their Able Bodied Ex's Alimony/Spousal Support And Will Continue to do so UNTIL the County And State Judges Read And Learn OUR Federal US Codes-Statutes.
When it concerns our Past Military Disabled Veterans, and Our Disabled Military Men and Women, Returning Now From wars.....
Isn't it time to stand up for our Veterans?
Enough is Enough!
Thank You And God Bless,
Proud Wife Of American Military Disabled Veteran.
What needs to happen is the congress and senate need to be dragged out of D.C. by the hair of their heads and kicked in the ass so hard they will feel it the rest of their lives. The damn D.C. group spend more time worry about helpingillegals and how to please American haters than anything else. They sit on their dead asses and do nothing for America. It is always do for the haters or the takers but not for the ones who died for the freedom you lazy bastards will give away without a bit of...
What needs to happen is the congress and senate need to be dragged out of D.C. by the hair of their heads and kicked in the ass so hard they will feel it the rest of their lives. The damn D.C. group spend more time worry about helpingillegals and how to please American haters than anything else. They sit on their dead asses and do nothing for America. It is always do for the haters or the takers but not for the ones who died for the freedom you lazy bastards will give away without a bit of concern. You sit in your dirty D.C. good ol' boy club for forty years until you are so brain dead from lack of using your brain, you need your own care giving to sign all your lobbying crap that kept you there. I am fed up with the treason against America and the insults to those who fought for our freedom while our worthless treason government pays more attention to giving themselves a raise and going on vacation and playing golf, yet not a minute to honor and protect our vets graves.
This is happening to me as well! They take 20% of my VA disability (not just the base pay either, but the additional amount I get for my current spouse and our son as well). State says the % is 20 of any income I get (even though state laws say it should be 18% since I have another child w/ current husband), even showed the Federal law and was told that does not apply in TX!
Even have a stipulation in there that says if something happens to me (I die somehow), my current spouse is responsible for paying the child support until my son is 18!
Have you appealed this to Federal Court?
I can't find an attorney in TX that will do anything about it. They say it's for "the best interest of the child." I laughed when it said in the video that TX protects these rights when that's where I am having my problems! I have had 3 crappy layers down there, they all seem to think that since I'm in IA they can screw me over, and they have!
Please help our veterans....they deserve the very best afterall they give their all! These kind of cases are ridiculous! That's the thanks someone gets for serving their country...I think NOT! Take care of our veterans & do it NOW!
why who cares
no. give all benifits to "undocumented workers".....right more money to non taxpayers.<SARCASITMIS INENDED!>
I have to pay child support based on my VA compensation also. While their mother refuses to work and less than 3 months after our divorce marries another Marine. They say I have to pay more because she doesn't work. It's ridiculous.
It IS ridiculous!
I'm divorced from an Army Veteran & refused to include his VA check when they were assessing his income! He served and deserves that money but part of the reason we divorced is because of his PDST that the VA hospital told him he did not have after, instead they said he only had a drinking problem & wanted him to provide proof of what he'd seen that caused him to believe it was PTSD!!! How do you prove seeing dead people in burned out tanks
Can the right hand keep track of what the left hand is doing? What is with your departments; keep the veterans' benefits apart from the spousal support funding - they need their benefit! Your duty is to conduct these areas' and not anyone elses' pockets-issues! Secretary Shinseki, please correct these stumbling, bumbling blocks!
This issue need to be brought to the attention of the Veteran Administration - all necessary departments to implement funding is in place - sign petition letter to Secretary Shinseki to correct.
<3 * TUJPGF! AMEN. <3 *
The VA should be run by Veterans not by people who have no clue about serving their country. Think about it, if they have never been in the military or never had any relatives serving in the military from when this country was created, they will never understand.
Eric Shinseki, the Secretary of VA is a prior Army General. I work for VA and also am a veteran. We also have other veterans working as well as non veterans. We do our jobs with what Congress gives us as far as legislation so gofigure as to why things are as whacky as they are.