PRESS RELEASE #23
Michigan Court Reverses Decision, Rules in Favor of Veteran’s Benefits Protection
Staff Writer - Rick Townsend
December 4, 2004
Master Sergeant, James T. North, USMC, (Ret.), of Harrison Township, Michigan is yet another disabled veteran ordered to pay a divorce settlement from his VA disability compensation. North is a combat Desert Storm veteran with 21 years in the Marine Corp. North’s service record reflects numerous awards and accolades to include the Defense Meritorious Service Medal personally awarded to him by the Secretary of Defense in 1998.
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. In addition, the Judge backdated this award to the original date of North’s finial divorce, two and a half years earlier. North filed a Motion of Reconsideration claiming his veteran’s benefits were federally protected by U.S.C., Title 38 and not divisible to a third party.
On November 30, 2004, Macomb County Circuit Court Judge Mark S. Switalski agreed and ordered Mr. North’s property settlement payments to be recalculated without his VA disability compensation included. In the November 30th court order, Judge Switalski refers to wording in Supreme Court ruling Mansel v. Mansel as the convincing basis for the reversal decision in the North v. North divorce case.
Veteran’s Rights Advocate Jere Beery has been following the North case and was quick to offer praise to Judge Switalski and James North. “I recommend everyone read the North ruling. Judge Switalski should be commented on his observations and decision in this case,” Beery stated. “And James North should be applauded for his diligent pursuit of justice in this matter,” Beery added. Jere Beery has been ordered by a Georgia judge to pay alimony with his VA disability compensation as well, and may be the next disabled veteran to face jail over the issue.
North has been fighting for his veteran’s benefits since his divorce more than 3 years ago. “It has cost me literally thousands of dollars to prove the original judge in my divorce case, Circuit Court Judge Donald G. Miller wrongfully ruled attaching to my veteran’s disability benefits,” North said. “I hope my efforts will help other veterans retain their earned benefits,” North added.
North and Beery are merely two members of a growing number of former military service personal that claim their veteran’s benefits have been illegally awarded to their ex-wives in divorce court. Their concerns are echoed by the Paralyzed Veterans of America (PVA). According to information at WWW.PVA.ORG they are correct by their accusations state judges are finding ways to award veteran’s benefits to third parties in divorce settlements. However, other Congressionally Chartered national veterans’ service organizations, such as the Veterans of Foreign War (VFW), and the Disabled American Veterans (DAV), have been slow to react to numerous reports of federal violations of veteran’s benefits protection.
Reaction within the veteran community over the North ruling has been one of overwhelming approval thus far. Many veterans feel U.S.C., Title 38, §5301(a) is extremely clear in it’s intent and wording and see the Michigan decision as a small, but significant victory in the current nationwide movement to protect veteran’s benefits.
Both North and Beery are requesting supporters write, fax, or call Judge Switalski’s office with words of appreciation and support. “If we are to be respected for our actions on behalf of our veterans, we must recognize the people that do good things as well as criticize those that do not,” Beery concluded.
Honorable, Mark S. Switalski
Circuit Judge
40 N. Main Street
Mount Clemens, MI 48043-5661
Secretary 586-469-5135
Court Officer 586-469-5709
Fax 586-469-7941
To view Judge Switalski’s ruling in the North case, visit;
To view Judge Switalski's biography, visit;
http://macombcountymi.gov/circuitcourt/formsdir/Judges'%20Bios/mss_bio.htm
To read the PVA statement, visit page 19 at the below link;
http://www.pva.org/independentbudget/pdf/IB_05_benefits.pdf
For the entire story, visit; WWW.JEREBEERY.COM
Jere Beery – jerebeery@aol.com
James North - gymgemjim@comcast.net
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