Posted at: 06/03/2010 10:21 PM
Updated at: 06/04/2010 7:41 AM
By: Kristin Martin

Veteran Released from Jail

(ABC 6 NEWS) - A Clarks Grove veteran that was jailed the day after Memorial Day was released Thursday after a judge ordered he serve 30 days for refusing to pay his ex-wife money. It is money he says would come from his V.A. Disability benefits.

Less than an hour after his release, he spoke to ABC 6 News about his fight for veteran's rights.

"Happy to be out, I hated being there," says Joseph Dziubak a Vietnam War Veteran living in Clarks Grove.

While he is out of jail, he will have to wear an electronic monitoring device for the remainder of his 30 day sentence for refusing to pay alimony to his ex-wife.

"The court made the determination that Mr. Dziubak had ample ability to pay and he just simply refused to do so," says Dean K. Adams, Jean Dziubak's attorney.

But Joseph says the money would be taken from his V.A. disability benefits.

"Kind of feel rotten, they're saying they can take your veteran money and give it to your wife," says Joseph.

"We haven't withheld anything from his V.A. benefits, he's simply been ordered to pay out cash he's accumulated," Says Adams. 

According to a veteran's advocacy group called Operation Fire for Effect, it's against the law for veterans to use V.A. payments in divorce settlements.

"They didn't serve for that money, they never went to Vietnam, they never went to any war," says Joseph.

The case brings up the question of whether or not V.A. benefits should be used to support former spouses.

"It was a 23 year marriage and Mr. Dziubak's income was significantly higher than my client, so my client is in fairly desperate straights right now," says Adams.

As this case continues, Joseph wants it to help other veterans in similar situations.

"I'm hoping this is going to show what'll happen to new veterans that come out and get a divorce, what the judges will do to them," says Joseph.

Dziubak can be taken off house arrest if he pays the full alimony owed.

Another hearing on the matter is set for sometime in August.

Joseph's son has also contacted several local lawmakers for support.