PRESS RELEASE #43
Murphy Granted Continuance in Michigan Divorce Case
By Staff Writer: Rick Townsend
July 31, 2006,
In early February of this year, Vietnam combat disabled veteran Calvin Murphy of Bear Lake, Michigan was sentenced to 90 days in jail for contempt of court. Murphy had refused to honor a court order which used his VA Disability Compensation and Social Security Disability Insurance to pay spousal support. Circuit Court Judge James M. Batzer ruled VA and SSDI are both divisible income and Murphy must use this money to pay spousal support or go to jail. The Murphy’s have no minor children. “The court was trying to take away my personal veterans disability benefits and award them to my ex-wife,” Murphy told the Firebase Network. Murphy spent 4 days in jail on contempt of court charges before a temporary settlement was agreed on and he was released.
Calvin Murphy went back to court last Friday asking for a 60 day delay in his divorce hearing. Murphy told the court that he had acquired a new attorney and she needed time to prepare his case. After some debate, Judge James M. Batzer granted Murphy a 21 day continuance.
Mr. Murphy is just one of a growing number of disabled veterans choosing to go to jail before surrendering their earned veterans’ benefits to their ex-wives. According to these veterans, their 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.
According to Calvin Murphy his attorney was unwilling to fight for the protection of his veteran’s disability benefits. “My attorney seemed to be more concerned about my ex-wife’s welfare than mine,” Murphy told the FBN. “I had to fire the guy, he didn’t seem to be fighting for my best interest,” Murphy added.
Calvin Murphy now has a new attorney who has taken his case Pro Bono. “She is a Constitutional Law attorney and she sees the real problem I’m faced with,” Murphy said. “I’m withholding her name and contact information for the time being, as I want to give her time to get up-to-speed on this issue, he added.
A number of disabled veterans in the very same situation are watching Murphy’s case very closely. “Between Kevin Padot’s case and mine, maybe we can product results that will help other veterans protect their earned disability benefits in divorce courts,” Murphy said.
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