FOR IMMEDIATE RELEASE (53)
February 11, 2009
Iowa Legislature Introduces Bill to Enhance Protection of Veterans’ Disability Compensation in Divorce Courts
Jerry Bohr of Ossian, Iowa is Operation Firing For Effect Director of Operations for the state of Iowa. Bohr is also employed as a service officer for the Iowa State Department of Veterans Affairs. In addition, Jerry Bohr is a member of the 5301 Club, a grassroots group devoted to the protection of disability benefits from third party awards in civil courts. To say Jerry Bohr is well versed in veterans’ affairs is an understatement.
Operation Firing For Effect is currently monitoring 38 individual cases nationwide in which veterans’ disability compensation has been misused as a divisible asset in a divorce settlement. Although United States Code, Title 38, prohibits such attachment of veterans’ benefits by any legal process whatsoever, many civil court judges routinely circumvent the wording and intent of this Federal statute by factoring in veteran’s disability compensation as spousal support, alimony, and child support awards.
In
an effort to enhance the Federal statute and stop obvious abuses by civil
courts, Jerry Bohr contacted a number of Iowa State Legislators (to include;
Representatives Brian Quirk, John Beard, Mckinnley Bailey, and Senators Mary Jo
Wilhelm and Daryl Beall) and explained the problem to them. Bohr’s efforts paid
off earlier this week when Representative Brian Quirk authored and introduced a
Bill designed to stop this very questionable practice by civil court judges to
the state legislature for a vote. Quirk’s Bill is modeled on legislation created
to combat the very same problem by the West Virginia legislature early last
year.
Below is the Bill currently awaiting a vote.
Representatives
Brian Quirk
House File 170 - Introduced
An Act relating to the exclusion of veterans' disability compensation in calculating property disposition and support obligations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 252B.7A, Code 2009, is amended by adding the following new subsection:
NEW SUBSECTION. 1A. Disability compensation received by a party from the United States department of veterans' affairs for service=related injuries shall not be considered income for the purposes of determining a parent's income under this section.
Sec.2. Section 598.11, Code 2009, is amended by adding the following new subsection:
NEW SUBSECTION. 4. The court shall not consider disability compensation received by a party from the United States department of veterans' affairs for service=related injuries in determining the amount of temporary support awarded under this section.
Sec.3. Section 598.13, Code 2009, is amended by adding the following new subsection:
NEW SUBSECTION. 3. Disability compensation received by a party from the United States department of veterans' affairs for service=related injuries shall not be considered income or property for the purposes of disclosing the financial status of such party.
Sec.4. Section 598.21, Code 2009, is amended by adding the following new subsection:
NEW SUBSECTION. 6A. VETERANS' DISABILITY COMPENSATION. Disability compensation received by a party from the United States department of veterans' affairs for service=related injuries shall not be considered property for the purposes of this section.
Sec.5. Section 598.21A, Code 2009, is amended by adding the following new subsection:
NEW SUBSECTION. 3. VETERANS' DISABILITY COMPENSATION. Disability compensation received by a party from the United States department of veterans' affairs for service=related injuries shall not be considered income for the purposes of this section.
Sec.6. Section 598.21B, subsection 2, paragraph b, Code 2009, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH.(4) For purposes of calculating a support obligation under this section, disability compensation received by a party from the United States department of veterans' affairs for service=related injuries shall not be considered income.
Sec.7. Section 598.21C, Code 2009, is amended by adding the following new subsection:
NEW SUBSECTION. 1A. VETERANS' DISABILITY COMPENSATION. Changes in the amount of disability compensation received by a party from the United States department of veterans' affairs for service=related injuries shall not be considered a substantial change in circumstances for the purposes of this section.
This bill excludes from the calculation of property disposition and support obligations under dissolution of marriage and child support determinations, disability compensation received by a party from the United States department of veterans' affairs for service=related injuries. United States department of veterans' affairs disability compensation, in general, is a benefit paid to a veteran due to injuries or diseases that were incurred in or aggravated by military service.
For more information on this issue, visit; http://jerebeery.com/5301%20Club.htm
Jere Beery
OFFE National Public Relations Director
(315)333-5557