Across the country, unbeknownst to most Americans, many disabled veterans find themselves fighting a war they shouldn’t have to be fighting and they need some help. The issue at stake is the inclusion of disability benefits in the calculation of divorce settlements, where judges – on many occasions – have ignored existing federal law (USC Title 38; Section 5301).
This federal law states:
“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 court judges across the nation, for whatever reason, have chosen to
bypass this information.
Most recently, a San Diego – California case, Prokop v Prokop is the perfect
example. Maria Prokop, a veteran of the U. S. Army, receiving disability
benefits while suffering from M.S. has had to invest time and money fighting
her husband on this issue. Today, July 15th, 2009, judge Joel R. Wohlfiel
awarded an unemployed Mr. Prokop an award of $50,000 to live off of for the
next 6 to 8 months, as well as $14,472 for legal fees; this money deriving
from the recent sale of the couple’s home.
Worth noting is the fact that Mr. Prokop has a master’s degree and over 18 years of work experience in his field. He’s not disabled and thus has, really, no excuse for not working. In addition, Mrs. Prokop will have to pay $1,373, from her disability, towards child support, even though the couple shares 50% of child custody for their only child.
Judge Wohlfiel also noted that Mr. Prokop has a retirement account nearing 1 million dollars, which he refuses to access for fear of facing a “10% penalty” – as he claims to be under a certain retirement age; all the while telling those who know him that he’s already “retired”.
Mrs. Prokop’s attorney simply reminded Judge Wohlfiel that Mr. Prokop “can’t have it both ways,” claiming to already be retired – thus not seeking employment – yet not accessing his near-million dollar retirement fund that’s just sitting there.
The good news in all of this for Mrs. Propkop? Judge Wohlfiel deemed it unnecessary for her to pay “spousal support.”
The underlying issue, however, remains. Mrs. Prokop’s disability benefits are – according to federal law – off limits. Yet, she will have to pay $1,373 for the next 6 to 8 months. That adds up from $8,238 to $10,984. This if the judge’s decision is upheld; not appealed by Mr. Prokop, who’s attorney was obviously unhappy with the decision.
In this manner, veterans across the country, male and female, find themselves having their disability benefits unlawfully taken from them.
Fortunately, the recent work of the CAFC (California Alliance for Families and
Children) has yielded the introduction of Bill SB 285 - “Wright’s Veterans
Disability Benefits” – which aims to force states to uphold already existing
federal law.
Today’s court hearing, however, serves as a reminder that there is plenty of
work left to be done. Raising public awareness of this issue is crucial.
Veterans have served willingly and proudly, their disability benefits are a
small token of the nation’s appreciation. Taking that away by ignoring
existing laws is intolerable. Justice must be served.
For more info:
http://www.cafcusa.org/military_veterans.aspx
http://cafcusa.org/docs/SB-285-author-fact-Veterans.pdf
http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005301----000-.html