Welcome to the Frontlines in the battle to protect veteran's disability compensation from third party awards in a divorce. If you are a disabled veteran of U.S. military service (man, or woman), and your VA disability compensation and/or SSDI was/is being 'calculated' into your divorce settlement as 'income' and therefore a divisible marital asset and awarded to your ex-spouse in the form of alimony, spousal support, and/or child support, you need to read this entire page and view the short videos.
Operation Firing For Effect is the only organization actively and aggressively addressing this issue. This web site contains a wide Varity of information about the 5301 problem. Federal Code, Supreme Court cases and Reference Cases, Case Studies, Legislative History, Articles, Personal Stories, Letters, Videos, Links, and more are contained on this site. OFFE is leading the fight for the enforcement of federal laws established to protect veteran's disability benefits from attachment under any circumstances. We need your help! WWW.OFFE.ORG
KWQC TV6 NEWS
Davenport, Iowa (April 2009)
KAAL, TV6 NEWS
Albert Lea, Minnesota, (May 25, 2010)
Disabled Veteran Joseph Dziubak Goes to Jail.
WIBW TV13 NEWS
Topeka, Kansas (August 2010)
Tell us your story
Send your video to:
OFFE
1700 Waterford Rd.
Walworth, NY 14568
To date
6
Members of Operation Firing For Effect and AREA 5301 Have Been Jailed for Refusing to Use Their Veteran's Disability Compensation to Pay Court Ordered Support.
Are You Willing to Go to Jail to protect your veteran's benefits?
Severely Disabled Veteran Jailed Again
Judge Orders Local Veteran to Jail
Disabled Veteran, Jailed Once, Stops Prosecutor from Jailing Him Again
Van Luven to Serve 120 Days in Jail
Another Disabled Veteran Jailed for Protecting His Earned Veterans Benefits
WATCH CALVIN'S VIDEO !
OFFE / Pridemore Interview - Part #1
PRIDEMORE Interview - Part 2 PRIDEMORE Interview - Part 3 PRIDEMORE Interview - Part 4
OFFE / Dziubak Interview - Part #1
Media Inquires are increasing, and all future such inquires should be directed to: jerebeery@aol.com
List of states currently represented by 'AREA 5301' members; Georgia, Florida, Alabama, Colorado, North Carolina, Kentucky, South Carolina, Michigan, Oklahoma, Ohio, Montana, Missouri, New Jersey, New York, Oregon, California, Iowa, New Jersey, Indiana, South Dakota, Massachusetts, Hawaii, Louisiana, and Tennessee.
ach
To join the 'AREA 5301' Egroup - 5301CLUB-subscribe@yahoogroups.com
SECURITY NOTE:
We have had a couple of individuals who join the Egroup, then after a week or two, unsubscribe. So, be advised that ANYONE can join the Egroup, we do not screen ANYONE and I suggest everyone be very cautious when chatting to a newbie in the loop. Collection agencies, attorneys, private detectives, former employers, and pissed-off spouses may feel the need to join 'AREA 5301' as well.
The names which appear on my list have all been accredited and verified by me personally, jerebeery@aol.com and/or Jerry Bohr armymarinesranger@yahoo.com Or Calvin Murphy calvinm@kaltelnet.net. The cases on that list are the only veterans/cases we can vouch for. If you wish to be added to the list, let us know. jerebeery@aol.com
THESE ARE THE LAWS WHICH FEDERALLY PROTECTS YOUR VA DISABILITY COMPENSATION
U.S. Code, Title 38
§3.458 Veteran’s Benefits Not Apportionable
Q: Has the Federal Law (USC, Title 38, 5301) ever been used successfully in a divorce to protect a disabled veteran's benefits?
YES!
A: As recent as 2009 the Second District Court of Appeals of Ohio overturned a divorce case which misused a disabled veteran's benefits as a divisible martial asset. The Ohio Appeals Court decided the veteran's VA disability benefits was totally protected from third party attachment. I invite you to read how the Ohio court and others accomplished this.
These cases and others prove the 'double-standard' at work here, and our disabled military veterans are paying the price.
From The OFFE Research Department;
'The Congressional History of USC, Title 38, 5301'
Please take a moment to read a brief history of the laws created by Congress for the protection of veteran's benefits.
Operation Firing For Effect Press Releases
PRESS RELEASE #78 - (August 31, 2010) - Severely Disabled Veteran Jailed Again
PRESS RELEASE #77 - (August 19, 2010) Iowa State Veteran’s Service Officer to be Jailed
PRESS RELEASE #75 - (June 11, 2010) New Arizona Bill, HB 2348, Hurts Disabled Veterans
PRESS RELEASE #72 - (December 3, 2009 - Protection of Veteran’s Benefits from Third Party Attachment Dates Back to Post Revolutionary War!
CLICK HERE FOR PRESS RELEASE ARCHIVES
Please take a moment to watch this very powerful video from Terrence Popp & our friends over at
Second Class Citizen
Myths
VA disability is meant for the veteran and his family.
FALSE
VA disability compensation is intended solely for the survival and well being of the disabled veteran only. A veteran can receive additional allotments for a wife and dependant children, but the root of the veteran's disability compensation belongs to the veteran and no one else.
Once the disabled veteran receives their VA disability compensation check and deposit it in their bank account it is no longer protected from attachment.
FALSE
According to USC, Title 38, 5301, a veteran's disability compensation is protected even after receipt by the veteran.
The VA provides benefits and entitlements to ex-spouses.
FALSE
Nowhere in USC, Title 38 does it provide benefits or entitlements for ex-spouses.
VDPA
Veterans Disability Protection Act
ARTICLES AND LETTERS OF INTEREST -
Vet must share disability with ex-wife
Statement by VFW Commander, Ben Damron, VFW Post 6605, Warner Robins, Georgia
ARTICLES AND LETTERS OF INTEREST -
Governor Schwarzenegger signed into law SB 285, a bill to protect disabled veterans disability compensation from illegal attachment and garnishments
Gulf War Vet vs. Geauga OH Divorce Court
Dr. Eugene Narrett - BRUTALITY TOWARD VETERANS
ARTICLES AND LETTERS OF INTEREST -
New York Congressman ERIC MASSA letter to Department of Veterans Affairs Secretary SHINSEKI
DVA Secretary SHINSEKI reply to MASSA
Congressman Bob Filner /OFFE Letter
Public Law 108 - 183, 702 passed by the 108th Congress HR 2297 on December 16, 2003 Section 3 (A) reads in part;
Sec. 702. Clarification of applicability of prohibition on assignment of veterans benefits to agreements requiring payment of future receipt of benefits
(3) (A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited.
Reference Cases:
Bakle v. Bakle - Court of Appeals of Ohio, Second District, Greene County, Rendered on November 13, 2009.
Crosby v. Crosby - SUPREME COURT OF IOWA (july 1, 2005)
VINCENT M. HIGGINS - No. 99-5556 - United States District Court for the District of New Jersey
North v. North - PDF file - Most recent ruling
North v. North - Michigan, Macomb County Circuit Court - Case No. 2001-073-DM (2004)
North v. North - PDF file link
Rose v. Rose - U.S. Supreme Court - 481 U.S. 619 (1987)
Mansell v. Mansell - U.S. Supreme Court - 490 U.S. 581 (1989)
Halstead v. Halstead - North Carolina Court of Appeals, NO. COA03-1020, Filed: 1 June 2004
L.E. Rivera - Appeal - Georgia - 12/18/07
Related Articles and Links - (National / International):
Dr. Eugene Narrett - BRUTALITY TOWARD VETERANS
USA - Defending Self Against Divorce Courts Nov. 24 Hearing to Impose Jail
USA -
Disabled Veteran, Jailed Once, Stops Prosecutor from Jailing Him Again
Related Links - (National / International):
Tell us your story
Send your video to:
OFFE
1700 Waterford Rd.
Walworth, NY 14568
Under Construction
WEB SITE HISTORY:
AREA 5301 is a 'new name' for an 'old battle', AKA 'The 5301 CLUB' founded by Veterans Rights Activists Dale VanLuven and Jere Beery several years ago. VanLuven and Beery had something in common, they were both ordered by civil court judges to pay their ex-spouse alimony directly from their VA disability compensation. Both veterans saw the court orders as a blatant violation of USC, TITLE 38, Section 5301(a). The original 5301 CLUB was created as a place where disabled veterans who were having their disability benefits used as a divisible martial asset could go for advice and support. Since then over 100 disabled veterans (men & women) who were/are being bled-dry in a divorce, facing bankruptcy, homelessness, jail... - have turned to for support, advice, and maybe even the name of a good lawyer....
Operation Firing For Effect sponsors this web site. In the past 2 years AREA 5301 has grown into a nationally recognized veterans advocacy group with a track record of addressing issues the National Veteran Service organization refuse to. To date OFFE is the only organization fighting to correct the 5301 situation. OFFE has help develop AREA 5301 into a very legitimate group with an important issue and very worthy cause. The TV News coverage is but one example of how AREA 5301 is getting our message out to the American people. Our articles are showing up on active duty military instillations in the U.S. and overseas. Active duty personnel are getting the message loud and clear. More and more people are taking up the Cause every week. National media coverage is simply a matter of time.
If you have comments about the articles on this web site, the 5301 issue, or AREA 5301, please send them to: jerebeery@aol.com
JERE BEERY
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY