If you would like a DVD copy of this newscast, contact Jere Beery at; jerebeery@aol.com
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[BREAKING NEWS!] January 18, 2010 -
F & F Helps Introduce New AZ Bill to Protect Disabled Fathers from Child Support/Alimony Abuses
[BREAKING NEWS!] October 11, 2009 - Governor Schwarzenegger signed into law SB 285, a bill to protect disabled veterans disability compensation from illegal attachment and garnishments
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If you are a disabled veteran of U.S. military service (man, or woman), and your VA disability compensation and/or SSDI was use in a divorce as a divisible marital asset and awarded to your ex-spouse in the form of alimony, spousal support, and/or child support, you need to read this entire page and visit it's links.
INTRODUCTION:
Welcome to the Frontlines in the battle to protect veteran's disability compensation from third party awards in a divorce. Operation Firing For Effect is the only organization actively leading the fight to enforce federal laws established to protect veteran's disability benefits from misuse as a divisible asset (income) in a divorce settlement, or any other legal or equitable process. Visit; WWW.OFFE.ORG This is a VERY HOT TOPIC right now, and several official investigations on the 5301 issue have been launched at both State and Federal levels.
In March of 2009, nineteen Operation Firing For Effect (OFFE) volunteers worked the Halls of Congress. The OFFE Team visited well over 400 of the 535 seated on both sides of Congress. The OFFE delegation also met with two Presidential Staff Members in the Eisenhower House for more than 90 minutes, a good portion of that time was spent on 5301. In addition, OFFE members met for over an hour with Mr. Kevin Secor at the Department of Veterans Affairs. The 5301 situation is well-known among our politicians and civic leaders.
During their visit to DC OFFE volunteers make certain that everyone they met was made aware of the 5301 situation. OFFE Representatives even met with Congressional Attorneys for the House Committee on Veterans Affairs. The OFFE team visited Congressman Filner's office and met with his Chief of Staff. Believe me, the word is out!
If you know any of the OFFE volunteers listed below, please take the time to thank them personally for their efforts on behalf of all disabled veterans. They are the individuals who carried the 5301 issue directly into our Nation's Capitol. OFFE Washington, DC delegation; OFFE National Chairman, Gene Simes, OFFE Public Relations Director, Jere Beery, OFFE National Secretary, Barbara Wright, OFFE Security Chief, Russ Scarvelli, OFFE Treasurer, Milt Hanas, OFFE Historian, Bob Fink, OFFE New Mexico Director of Operations, Ted Roybal, OFFE Texas Director of Operations, Simon Alvarado, OFFE Michigan Director of Operations, Calvin Murphy, OFFE Iowa Director of Operations, Jerry Bohr, Veterans Advocates, Thomas Were, Michael Silcox, Jacqueline Silcox, and Mike Johnson.
Media Inquires are increasing, and all future such inquires should be directed to: jerebeery@aol.com
List of states currently represented by 'AREA 5301' members; Georgia, Florida, Alabama, Colorado, North Carolina, Kentucky, South Carolina, Michigan, Oklahoma, Ohio, Montana, Missouri, New Jersey, New York, Oregon, California, Iowa, New Jersey, Indiana, Massachusetts, and Tennessee.
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To join the 'AREA 5301' Egroup - 5301CLUB-subscribe@yahoogroups.com
SECURITY NOTE:
We have had a couple of individuals join the Egroup, then after a week or two, unsubscribe. So, be advised that ANYONE can join the Egroup, we do not screen ANYONE and I suggest everyone be very cautious when chatting to a newbie in the loop. Collection agencies, attorneys, private detectives, former employers, and pissed-off spouses may feel the need to join 'AREA 5301' as well.
The names which appear on my list 'AREA 5301 Contact List' have all been accredited and verified by me, and/or Jerry Bohr armymarinesranger@yahoo.com . The cases on that list are the only veterans we can vouch for. If you wish to be added to the official AREA 5301 list, contact me, or Jerry Bohr; jerebeery@aol.com armymarinesranger@yahoo.com
WEB SITE HISTORY:
AREA 5301 is a 'new name' for an 'old battle', AKA 'The 5301 CLUB' founded by Veterans Rights Activists Dale VanLuven and Jere Beery several years ago. VanLuven and Beery were ordered by civil court judges to pay their ex-spouse alimony directly from their VA disability compensation. Both veterans saw the court orders as a blatant violation of USC, TITLE 38, Section 5301(a). The original 5301 CLUB was created as a place where disabled veterans who were having their disability benefits used as a divisible martial asset could go for advice and support. Since then over 66 disabled veterans who were/are being bled-dry in a divorce, facing bankruptcy, homelessness, jail... - have turned for support, advice, and maybe even the name of a good lawyer....
Several of the articles on this page cover the months VanLuven spent in a Tennessee jail for refusing to allow his VA disability compensation to be calculated into the divorce settlement as a 'divisible asset'. The articles below chronicle VanLuven's story and incarceration, with 'Press Release - 1' being the first in the series and located at the bottom of the list, rather than at the top.
The story of another Vietnam disabled veteran, Calvin Murphy is also featured on this page. Calvin was arrested and spent several days behind bars in protest of his ex-wife's attempts to acquire his veterans disability compensation and Social Security Disability. Calvin's case is on appeal. However, Murphy has pledged to forfeit his medals, military awards, and disability compensation if he loses his case. According to Murphy he would rather give it back to the United States Government than give his ex-wife the pleasure of taking his disability benefits away from him. Calvin is a Key individual and valued AREA 5301 project member.
VanLuven and Murphy are just 2 of the stories you will read about on this page.
If you have comments about the articles, the 5301 issue, or AREA 5301, please send them to: jerebeery@aol.com
JERE BEERY
Click on the appropriate underlined link below to view article:
New York Congressman ERIC MASSA letter to Department of Veterans Affairs Secretary SHINSEKI
DVA Secretary SHINSEKI reply to MASSA
From The OFFE Research Department;
'The Congressional History of USC, Title 38, 5301'
Congressman Bob Filner /OFFE Letter
Statement by VFW Commander, Ben Damron, VFW Post 6605, Warner Robins, Georgia
Vet must share disability with ex-wife
ARCHIVES:
PRESS RELEASE #72 - (December 3, 2009 - Protection of Veteran’s Benefits from Third Party Attachment Dates Back to Post Revolutionary War!
PRESS RELEASE #70 - (May 25, 2009) - OFFE Accuses Supreme Court Overstepping Authority
PRESS RELEASE #58 - (April 7, 2009) - Operation Firing For Effect Scores Direct Hit in Iowa
PRESS RELEASE #57 - (March 14, 2009) - Combat Disabled Veteran Has No Constitutional Rights
PRESS RELEASE #56 - (March 12, 2009) - OFFE Butts Heads With Iowa Law Maker
PRESS RELEASE #55 - (February 16, 2009) - Iowa Legislature Unanimously Passes Bill (Clarification)
PRESS RELEASE #54 - (February 12, 2009) - Iowa Legislature Unanimously Passes Bill to Protect Veterans’ Disability Compensation from Attachment
PRESS RELEASE #53 - (February 11, 2009) - Iowa Legislature Introduces Bill to Enhance Protection of Veterans’ Disability Compensation in Divorce Courts
PRESS RELEASE #52 - (January 31, 2009) - Congressman Eric Massa to Champion Veterans’ Disability Compensation Protection
Gulf War Vet vs. Geauga OH Divorce Court
PRESS RELEASE #51 - (December 11, 2008) - OFFE Issues Warning to Returning Troops of Ambush
PRESS RELEASE #50 - (September 24, 2008) - Disabled Veterans Fight to Protect Earned Disability Compensation
PRESS RELEASE #49 - (March 9, 2008) - West Virginia Legislators Introduce Disabled Veterans’ Benefits Protection Bill
PRESS RELEASE #48 - (March 1, 2008) - U.S. Code, Title 38 not Worth the Paper it’s written on
Dr. Eugene Narrett - BRUTALITY TOWARD VETERANS
PRESS RELEASE #47 - (Febuary 20, 2008) - Disabled Veterans Fight to Protect Earned Disability Compensation
PRESS RELEASE #46 - (November 19, 2007) - State Courts Declare Open-Season on Veterans’ Disability Compensation
PRESS RELEASE #45 - (November 18, 2006) - Federal Protection of Veteran’s Disability Compensation Non-existent?
PRESS RELEASE #44 - (November 4, 2006) - Murphy Prepares for Trial, Van Luven Contacts FBI
PRESS RELEASE #43 - (July 31, 2006) - Murphy Granted Continuance in Michigan Divorce Case
U.S. Code, Title 38
§5301 - Nonassignability and Exempt Status of Benefits
§1159 - Protection of Service Connection
§3.458 Veteran’s Benefits Not Apportionable
Public Law 108 - 183, 702 passed by the 108th Congress HR 2297 on December 16, 2003 Section 3 (A) reads in part;
Sec. 702. Clarification of applicability of prohibition on assignment of veterans benefits to agreements requiring payment of future receipt of benefits
(3) (A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited.
Reference Cases:
VINCENT M. HIGGINS - No. 99-5556 - United States District Court for the District of New Jersey
North v. North - PDF file - Most recent ruling
North v. North - Michigan, Macomb County Circuit Court - Case No. 2001-073-DM (2004)
North v. North - PDF file link
Rose v. Rose - U.S. Supreme Court - 481 U.S. 619 (1987)
Mansell v. Mansell - U.S. Supreme Court - 490 U.S. 581 (1989)
Halstead v. Halstead - North Carolina Court of Appeals, NO. COA03-1020, Filed: 1 June 2004
L.E. Rivera - Appeal - Georgia - 12/18/07
Related Articles and Links - (National / International):
Dr. Eugene Narrett - BRUTALITY TOWARD VETERANS
USA - Defending Self Against Divorce Courts Nov. 24 Hearing to Impose Jail
USA -
Disabled Veteran, Jailed Once, Stops Prosecutor from Jailing Him Again
Related Links - (National / International):
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY
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