PRESS RELEASE #35
Jere Beery Released From Wrongful $24,000 Alimony Judgment by Ex-wife
By Staff Writer: Rick Townsend
11/12/05
In a totally unexpected and surprising development this week, the ex-Mrs. Jere Beery filed papers with Coweta County Superior Court, in Newnan Georgia releasing Mr. Jere Beery from any court ordered alimony payments. According to Mrs. Beery, her attorney and a Georgia Superior Court Judge were wrong to target Mr. Beery’s VA disability compensation to calculate alimony. “My husband earned his VA disability compensation in combat 17 years before we were married. He earned that disability compensation with his blood. We have no children together and I am not entitled to any of his VA money,” Mrs. Beery said in a recent telephone interview. Beery Release Document
In 2003, the Beerys entered into a bitter divorce. In an effort to rapidly settle the divorce, Jere Beery voluntarily signed everything he owned over to his wife and declared Chapter 7 bankruptcy. Mr. Beery was left only his veteran’s benefits to live on - which are, by law, declared “federally protected” from any consideration in not only his bankruptcy, but any civil legal proceedings.
Although there was no proof presented in court of marital wrongdoing by Mr. or Mrs. Beery, in early 2004, Superior Court Judge Alan Keeble ordered Mr. Jere Beery to pay his ex-wife $24,000 in alimony from his only source of livelihood, his VA disability compensation. To date, Mr. Beery has refused to pay one dime stating his VA benefits and compensation are federally protected and are not divisible assets in a divorce settlement.
At the center of the controversy is U.S. Code, Title 38, §5301(a), which 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.” “Civil courts have no right touching my earned veteran’s benefits or using those benefits to determine my worth,” Beery siad.
Mrs. Beery’s claims her attorney, Ike Hudson of Newnan Georgia, suggested going after alimony based on Mr. Beery’s VA disability compensation. “At the time I agreed to this, I was very emotionally upset and didn’t realize how wrong this was,” Mrs. Beery stated. “It was very obvious to everyone in the court room that Judge Keeble used my husband’s VA disability compensation to calculate his ability to pay alimony,” Mrs. Beery stated. “My husband’s military history and VA money were both openly discussed in court by my attorney and the judge,” she added. A review of the Beery’s final divorce decree supports Mrs. Beery’s statement. http://jerebeery.com/Beery Court Order.htm
Jere Beery is a decorated Vietnam combat wounded veteran with an impressive service record which includes; 1 Bronze Star, 3 Purple Hearts, and 5 military campaigns in combat. Since his service in Vietnam, Jere Beery has established a track record of fighting for veteran’s rights. During their 17 year marriage, Jere and Donna Beery were both actively involved in veteran-related activism and volunteer work. For several years during the 80s, Jere Beery served as Chapter Commander for Disabled American Veterans (DAV) #62 in Newnan Georgia, while Donna Beery held office in the DAV Ladies Auxiliary. In addition, Donna Beery managed the Coweta County Veterans Club and lead fund raising efforts for the Veteran’s Memorial erected in downtown Newnan. In 1988, both Jere and Donna Beery spearheaded a 4 day demonstration at the National Democratic Convention in Atlanta Georgia for improved veterans’ health care. The Beerys were also instrumental in the effort to get bedside telephones installed in VA hospitals nationwide. The list of veteran’s projects the Beerys have been involved in is a long one, and their efforts have been extensively written about in several newspapers across the country, including the Newnan Times Herald in Newnan Georgia.
Jere Beery said he holds no animosity towards his ex-wife and feels the real blame belongs to attorney Ike Hudson and Judge Allen Keeble. “My ex-wife contacted me and offered to drop the alimony, I didn’t suggest it. I have to commend her on her efforts to expose this injustice,” Beery said. “Many wives in the midst of divorce are being misled into attacking their husband’s veteran’s benefits and military retirement pay by unscrupulous lawyers and judges,” Beery added.
Last year Jere Beery contacted the Department of Veterans Affairs and several of the major national veteran’s service organizations for assistance in defending his VA disability compensation in divorce court. Among the responses received was one from Shirley Mathis, VA’s Consumer Affairs Service, Washington, DC, in which she states; “The Department of Veterans Affairs does not have the authority to intervene in court decisions, we suggest you obtain a lawyer to assist you in this matter.” Similar emails have been received from several national veterans’ service organizations. “Our organization does not get involved in civil matters” seems to be the general consensus among these service organizations. “I fail to see anything civil about the violation of federal law,” Beery stated. “Apparently, federal laws created to protect veteran’s benefits are unenforceable and falsely appear to protect our veterans. My personal situation may be cured, but Hudson and Keeble are free to do this to another disabled veteran at any time,” he added.
Dale Van Luven of Hermitage Tennessee is another Vietnam combat disabled veteran ordered to pay alimony with his VA disability compensation. In early 2004, Van Luven and Beery teamed up in an effort to bring attention to what state divorce courts were doing to veteran’s benefits. “Mrs. Beery has done a great thing by canceling the alimony. She has put aside her personal emotions in her divorce and acted in the best interest of our veterans,” Van Luven said. “I pray other distraught spouses follow her lead and condemn the illegal actions of attorneys and judges who have no respect for the entitlements and benefits earned by our men and women in uniform,” Van Luven added.
Don Holland is a retired Navy Master Chief from Orlando Florida who has been following the Beery and Van Luven cases. “This issue goes far deeper than just VA disability compensation. State divorce courts have declared open-season on military retirement pay as well. I don’t think the American tax payer is aware that hundreds of millions of dollars they pay into the defense budget (DOD) is being diverted to non-military personnel via alimony,” Holland said. “The Uniformed Services Former Spouse Protection Act needs to be repealed now,” Holland added. http://usfspa-lawsuit.info
In a related story, Jere Beery is awaiting the findings of a disciplinary investigation being conducted by the Georgia Bar Association of attorney at law John Nebl of Eatonton Georgia. Beery filed a grievance against Nebl when he lost his appeal of his divorce settlement because Nebl failed to appear in court. A decision from the Georgia Bar is expected at any time. John Nebl is facing possible disbarment.
For the entire story, visit http://jerebeery.com/press_releases_page.htm