ptsd Divorce And Va/ssd?

[luv2fly]

Hi....a guy in my ptsd group just separated from his wife and swears that his wife cannot be awarded part of his VA 100% p/t $$ or ssd $$.Is he correct?Does anyone know of or have any experience(s) with this as far as divorce awards go?Thanks!

David

[Guest jstacy]

Here is a litle snippit from the Hadit Archives regarding this issue from the State of Texas and Alimony.

Georgia Superior Court Judge Keeble does an ‘about face’ in the Jere Beery divorce VA disability compensation $24,000 alimony award to ex-wife.

Jere Beery, press release, Firebase Atlanta, 10/12/05. “In a totally unexpected and surprising development this week, the ex-Mrs. Jere Beery filed papers with Coweta County Superior Court, in Newnan Georgia releasing Mr. Jere Beery from any court ordered alimony payments. According to Mrs. Beery, her attorney and a Georgia Superior Court Judge were wrong to target Mr. Beery’s VA disability compensation to calculate alimony. “My husband earned his VA disability compensation in combat 17 years before we were married. He earned that disability compensation with his blood. We have no children together and I am not entitled to any of his VA money,” Mrs. Beery said in a recent telephone interview.”

Although, asking for help from VA, several national VSO’s, with their expertise, Jere Beery was denied the help he was seeking. Everybody, who you would think that was able, and in the position to help, even his own lawyers, failed him. Two VSO’s, however, the DAV, and the PVA had voiced their support, as did the many veterans, and independent veterans organizations.

This ‘about face’ by Judge Keeble, all came about because, individual veterans sticking together, when seeing something obviously wrong, against the law, and interested in helping other veterans, with focus, determination, researched the law, case law, digging in. They keep at it. Not knowing, you may not come up with, or find anything, but then again, as we have found out,.. you will be surprised what you will find, two(2) counties over, i.e., Warren v. Warren, Muscogee County Georgia 1981, denying alimony garnishment award of veterans’ disability benefits. Beery’s own lawyers, could not do, what veteran’s who decided this judge, is not going to get away with “trashing” veterans law, and VA disability rights.

A violation of the law, is a violation of the law. It didn’t take much to research the ‘other side’ of the issue, the law, if you are interested. If these VSO’s were interested, they may have resolved the issue in Beery’s favor, long ago. Jere Beery, by vocalizing the issue, stuck with his belief, and in the end, giving encouragement, making it just a little bit better for all veteran's, including members of VSO’s, such as the American Legion.

Jere Beery did not give up. We cannot afford to give up.

For complete information http://jerebeery.com/press_releases_page.htm

[john999]

Their are lawyers who specialize in military divorce cases. They usually represent the spouses of vets who don't want to split their retirement pay with the ex-spouse ,but I bet they can work for the vet or refer the vet to some buddy who knows the law in these matters. You know what all these retired generals used to do is just before or after retirement they would get themselves rated 100% disabled and then dump the wife of 30 years and marry a trophy wife of half their age and try and leave the long suffering military wife high and dry. I personally know of two such cases.

[JR Reihs]

We will see this issue tested soon. It will be under the CCR inactment, this is when we will know if the current law will stand, the good thing for the wife's will be the Veteran is getting both, but the courts will have to address the VA compensation law.