PRESS RELEASE #24
Van Luven Released from Jail
Staff Writer - Rick Townsend
12/05/04
Vietnam veteran Dale Van Luven has been released from jail after serving 30 days for contempt of court and failure to pay court ordered alimony. According to Van Luven’s sentence handed down by Tennessee Circuit Court Judge Muriel Robinson on November 3rd, Van Luven may be re-incarcerated in the near future for a additional 90 days if he does not pay more than $6000 in back alimony payments. Van Luven has publicly accused Judge Robinson of violating federal laws that protect his veteran’s benefits from calculating his VA disability compensation into his ability to pay alimony.
Fellow disabled Vietnam veteran and noted veteran’s rights advocate Jere Beery of Jefferson Ohio has been monitoring Van Luven’s imprisonment and is very grateful he survived the ordeal. According to Beery, although Van Luven suffers from a number of service connected ailments and was denied much of his VA prescribed medicines in jail, he remains in good spirits. Van Luven is currently recuperating at home. “I received a number of letters from fellow veterans and concerned citizens. These letters were very inspiring to me and I credit these people with giving me the will to continue with the battle to protect veteran’s benefits,” Van Luven said. “I have to be honest though, at first I felt very alone and considering giving up,” He said. “Let’s face it; jail is a bad place if you are in good health, much less if you are sick. Dale is exhausted both mentally and physically, but continues to fight for what he believes is justice,” Beery added.
For the past ten months, disabled veterans Jere Beery and Dale Van Luven have publicly claimed their VA disability compensation was protected by Federal Law and should have never been considered a divisible asset in a divorce settlement. According to both Beery and Van Luven’s final divorce decrees, their VA disability compensation was used to equate their ability to pay alimony. This would appear to be a violation of the wording and intent of U.S.C., Title 38, §5301(a) and U.S.C., Title 42, § 659.
Van Luven and Beery are credited with spearheading the nationwide grassroots movement to expose what they see as veteran’s rights violations by state judges. Their efforts have drawn both praise and criticism by many following their crusade to enforce federal laws established to protect veteran’s benefits from third party awards in divorce courts. “This story is far from over,” Beery stated.
For the entire story, visit: WWW.JEREBEERY.COM
Jere Beery jerebeery@aol.comm Dale Van Luven firebasetn@aol.com
Click Here For "VAN LUVEN Defense Fund" Information
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY