http://www.marysadvocates.org/eventsnews/geauga2009.html
Gulf War Vet vs. Geauga OH Divorce Court
Jan. 30 Courtroom. Tim Nolan Preparing Defense.
Disabled Veteran, Jailed Once,
Stops Prosecutor from Jailing Him Again
by Bai Macfarlane
February 1, 2008 - Chardon OH - Disabled Gulf War Veteran, Tim Nolan
is defending himself from the Geauga County OH divorce courts.
Friday, January 30, in Judge Forest Burt's courtroom, he argued
against assistant county prosecutor, A.J. Miedema. She asked for a 27
day jail sentence because he's behind in child support payments.
Nolan already spent three days in jail for being behind in child
support, but after defending himself in Friday's hearing, the judge
ruled in his favor.
His wife took Nolan's 2-year-old son from him in 2002 when she filed
for divorce. Before the divorce was finalized, Nolan was diagnosed
with Multiple Sclerosis and became unemployed. Nolan said, "I applied
for Social Security disability benefits in 2003 because I couldn't
work."
"I repeatedly notified the Child Support Enforcement Agency and the
Court that it was impossible for me to comply with the original
support order, but they continue to add up arrearages."
Court records show that Nolan asked the court to modify child support
in July 2003 and asked for relief from judgment in April of 2006.
With private attorneys, he filed appeals of court decisions issued in
January 2005 and January 2007.
Nolan is a gulf war veteran, and he said he began receiving Veterans
Administration disability pension benefits in 2005. "According to
Ohio law," says Nolan, "the court is not allowed to consider my
disability benefits as income for their child support calculation
purposes (3119.01C7a)."
Nolan say's "Many times, I told the child support enforcement agency
that I was unable to work, unemployed, and disabled, but they ignored
their own rules that require them to recalculate child support if
someone in my condition requests it (OAC5101:12-60-05.1E2,4)."
Because Nolan was behind in child support payments, he served a three-
day jail sentence in May of 2008. "The last time I went to jail, I
was denied my medication, had convulsions, and had to be assisted
with a drinking straw and lost control of my arms and legs."
Nolan recently asked the court to vacate previous orders. In his
January 6, 2009 motion, he concludes that Ohio Law and local rules
have been violated with impunity and so have his rights to due process.
The court refused to correct the previous orders that Nolan argues
are unlawful, but that is no surprise to those who are working to
bring justice in the divorce courts. Michael Galluzzo, President of
National Organization for Parental Equality, based in Ohio, is
familiar with Tim's case. In a telephone interview, Galluzzo says,
"By overruling Nolan's request to vacate previous orders, the judge
is saying the facts don't matter and the law doesn't matter. The
agents in the divorce system are more interested in extorting child
support than they are in following the law, or providing equal
justice in the courts."
In Nolan's case, in September of 2006, the Child Support Enforcement
Agency ordered the VA to pay child support by withholding from
Nolan's disability benefits. Galluzzo says, "It is against the law
for CSEA to take these benefits (OAC5101:12-50-10.1B2,3)."
Nolan's case is not unique according to Jere Beery, Director of
Public Relations for OFFE, Operation Firing For Effect. "We are
monitoring cases across the country," says Beery, "in which veterans'
disability benefits are being chased by the divorce courts." Beery
cites sections of US Code, Title 38 Veteran's benefits. He observes,
"Attorneys have a vested interest in going after disability benefits
because it gives their client the ability to pay lawyer fees. The
judges know they can tell the Veterans to do what ever they want, and
Vets can't fight it."
In Geauga County Ohio, Veteran Timothy Nolan is not retreating in
defeat. He says he's going to ask the Appeals court to give him his
day in court to argue previous orders are void and should be vacated.
Beery says, "Veterans in this network are fighting for two reasons;
first, to protect their own financial benefits, and secondly to
protect men and women in our armed services against the ambush that
is awaiting them in divorce courts."
As a Vietnam era veteran, Galluzzo says, "The brave men and women who
fought to defend our rights should not have theirs ignored and denied!"
See earlier story, Gulf War Veteran Fighting War at Home this 2008
Holiday. Defending Self Against Divorce Courts. Nov. 24 Hearing to
Impose Jail. (with Chronology linked to court documents)
Assistant Prosecutor
Judith Miedema
CSEA Agent
Katherine Wiles
Judge Forest Burt