PRESS RELEASE #44
Murphy Prepares for Trial, Van Luven Contacts FBI
By Staff Writer: Rick Townsend
November 4, 2006
Next week, Disabled combat Vietnam Veteran, Calvin Murphy of Bear Lake, Michigan goes on trial for refusing to give up his veteran’s entitlements in state divorce court.
In February of this year, Murphy was sentenced to 90 days for refusing to use his combat related VA disability compensation and Social Security Disability money to pay court ordered alimony. Circuit Court Judge, James M. Batzer sentenced Murphy to 90 days in the Manistee County Jail on contempt of court charges. Murphy was lead away from the court house in handcuffs like a common criminal.
At the center of this story is; U.S. Code, Title 38, §5301(a), which 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.”
Calvin Murphy says he will not agree to a division of his veteran’s disability benefits which he earned in service to his country. “My wife is already collecting SSDI, if I agree to the court order, she will be receiving half of my SSDI and VA disability compensation as well,” Murphy said. “Disability benefits belong solely to the disabled person they were awarded to. These benefits should never be considered an asset or awarded to a third party under any circumstances, much less state divorce court. And USC, Title 38 states that very clearly,” Murphy stated.
Calvin Murphy goes to trial at 9am on the 8th of November in Manistee County for contempt of court. A large turnout of local veterans is expected in support of Murphy’s attempts to protect his veteran’s entitlements. “I will not under any circumstances give up one penny of my earned veteran’s benefits to my ex-wife. If the judge sends me to jail, I will go with my head held high because I know I’m right about this,” Murphy stated. “I pray we fill that court room up,” he added.
A Constitutional Attorney from Cadillac, Michigan has taken Calvin Murphy’s case pro bono, and is expected to launch a challenge any attempts by the court to attach to Mr. Murphy’s disability compensation. Calvin Murphy has set his sights on pursuing this issue all the way to the Supreme Court if necessary. “I’m not a wealthy man. However, I intend to do everything in my power to insure another disabled veteran does not have his earned entitlements violated in divorce court,” Murphy said. “I will keep this issue alive,” He added.
Mr. Murphy is merely one of a growing number of disabled veterans losing their veteran’s benefits in divorce courts nation wide. Murphy isn’t the only veteran willing to face jail to bring attention to this situation either.
In 2005, Van Luven, 54, of Hermitage Tennessee served 30 days in a Nashville jail on contempt of court charges when he refused to pay alimony calculated using his VA disability compensation as an asset in a 2003 divorce. In 2004 he spent 180 days on the exact same charges. “Until we as veterans stand up against this rape of veteran’s compensation by state judges, nothing will change. I personally think we owe it to our troops to protect their veteran’s benefits from this vulgar injustice. If this means going to jail, so be it,” Van Luven told the FBN.
Two weeks ago Dale Van Luven attempted to file a formal complain with the Federal Bureau of Investigation (FBI) against Tennessee 3rd Circuit Court Judge, Muriel Robinson for violations of USC, Title 38, §5301(a), Protection of Veteran’s Benefits.
Van Luven told an unnamed agent in the Nashville FBI office that he wanted to report a crime. He told the agent about how his veteran’s benefits were illegally used by Judge Robinson in his divorce settlement. Mr. Van Luven was told it was a civil matter and there was nothing the FBI could do about it. “I talked to the FBI Duty Officer, who refused to give me his name out of fear for his safety. Those are his words, not mine,” Van Luven said. “He told me that a judge cannot be held responsible for their rulings, even if their rulings are illegal. They have to be challenged in court. He advised me to go hire an attorney,” Van Luven stated.
Vietnam combat disabled veteran Jere Beery of Jefferson knows firsthand what Murphy and Van Luven are talking about. In 2003, Beery was ordered by Georgia Superior Court Judge Alan Keeble to pay his ex-wife $24,000 from his VA disability compensation. Beery refused and has since been released from the court order by his ex-wife. “We are following two dozen similar cases in several different states where judges are ignoring the federal laws which protect veterans’ benefits from attachment. This has turned out to be a dirty little secret which is happening nation wide. I will be traveling to Bear Lake this week to attend Calvin Murphy’s trial,” Beery said.
On March 8, 2005, National DAV Commander, James E. Sursely, testified before the U.S. Senate and Congress Committees on Veterans’ Affairs. Commander Sursely’s 27 page statement addressed many important issues and included the following request; “Restore protection against unwarranted awards of veterans’ benefits to third parties in divorce actions by prohibiting courts from directly ordering payment of such benefits to third parties, other than dependent children.” The DAV is the latest in a growing list of veterans’ organization to voice concern over protection of veteran’s benefits in divorce settlements.
The Paralyzed Veterans of America, (PVA) is another very well respected congressionally chartered veteran’s service organization and currently has an active membership of over 21 thousand. In 2004 PVA published this statement; “Thought interpretation of the law to suit their own ends, the courts have nullified plain provisions protecting veterans’ benefits against claims of former spouses in divorce actions”.
The FBN will be following this issue very closely. In fact, this reporter will be traveling to Bear Lake for the Murphy trial as well.
The FBN would like to hear from it’s readers concerning this issue. Please send your comments to; Rick Townsend firebaseadrian@tc3net.com