PRESS RELEASE - #31
DAV Urges Protection of Veteran’s Benefits from Third Party Awards in Divorce Court
Staff Writer – Rick Townsend
03/14/05
The Disabled American Veterans, (DAV) is one of 48 congressionally chartered veterans’ service organizations operating in the United States today. Together with its Auxiliary, the DAV has an active membership of 1.3 million disabled veterans and family members.
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”.
Vietnam combat disabled veterans and veteran’s rights activists Jere Beery and Dale Van Luven have been on the frontlines in the battle to protect VA disability compensation from consideration as an asset or property in divorce settlements. Over the past year, both men have been extremely vocal about their veterans’ benefits being awarded to able bodied non-military ex-wives in the form of alimony. In November of 2004, Dale Van Luven served 30 days in Davidson County Tennessee jail for contempt of court when he refused to use his VA disability compensation to pay court ordered alimony. Jere Beery has stated he too will go to jail before giving up his earned veterans benefits to his ex-wife.
According to Jere Beery and Dale Van Luven, both DAV and PVA statements validate and support their public campaign to protect their personal veteran’s benefits from third party awards. Beery summarized, “If the leadership of just these two veterans’ service organizations truly represents their members, then this single issue has gained well over a million supporters in the past 12 months.” Van Luven agrees, “Beery and I have taken this issue to the street, and the people are responding. Although we are not mentioned by name within the DAV and PVA statements, Beery and I have no doubt we are directly responsible for bringing this issue to the forefront of veteran affairs in this country,” Van Luven claimed.
Desert Storm veteran James North, USMC Retired of Harrison Township Michigan said he knows firsthand what Beery, Van Luven and other disabled veterans are going through. On April 5, 2004, North was ordered to pay his ex-wife 50% of his monthly VA disability compensation for life, as a property settlement. North filed a Motion for Reconsideration claiming his veteran’s benefits were federally protected by U.S.C., Title 38 and not divisible to a third party. Although North’s court order has been recently reversed by the court’s Opinion and Recommendation Order, he continues to fight for his veteran’s benefits as the opposing party has now filed a motion to obtain his VA benefits in another form - requesting alimony for life. North has filed a formal complaint with the FBI and Attorney General Office sighting federal law violations of veteran’s benefits protection. “This is not just about my veteran’s benefits,” North stated. “This is about supporting our troops by protecting their benefits while they are deployed,” North added.
Beery, Van Luven and North have vowed to continue fighting until every judge and attorney in the U.S. is educated about the federal protection of veteran’s benefits. “If there is a loophole anywhere, we are going to close it,” North concluded.
For the full story, visit WWW.JEREBEERY.COM