AREA 5301

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

“When a combat disabled veteran falls on hard times, loses their job, their house, facing bankruptcy, experiencing failing health, emotionally unstable and going through a divorce, the feelings of hopelessness and helplessness can be overwhelming. When facing such hardships in life the one thing a combat disabled veteran should be able to count on are their military benefits – which in many cases they earned on the battlefield with their blood, sweat, and tears. It is at these low points in life when these disability benefits are needed the most, and when they can help the greatest. To allow anyone the ability to arbitrarily or ambiguously take these benefits from them is cruel and unjust. I honestly believe Congress wrote 5301 with all of this in mind".

Gene D. Simes

OFFE National Chairman

To date

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.

Corey Montminy is currently incarcerated in the Bastrop County Jail, Bastrop Texas for refusing to use his veteran's disability compensation to pay child support. Corey was arrested on Christmas Eve and will be held in jail until he pays $10,000 in back child support.

Are You Willing to Go to Jail to protect your veteran's benefits?

Minnesota Disabled Veteran Released from Jail

Iowa State Veteran’s Service Officer Jailed

Judge Orders Local Veteran to Jail

Veteran Released from 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 !

Interviews & Testimonials

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, Minnesota, New Hampshire and Tennessee.

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To join the 'AREA 5301' Egroup - 5301CLUB-subscribe@yahoogroups.com

SECURITY NOTE:

We have indiviguals who will join the Egroup, then after a week or two unsubscribe. So, be advised ANYONE can join the Egroup, we do not screen ANYONE. Collection agencies, attorneys, private detectives, former employers, and pissed-off ex-spouses may feel the need to join our Egroup as well.

Q: Has the Federal Law (USC, Title 38, 5301) ever been used successfully in a divorce to protect a disabled veteran's benefits?

A: YES! 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 ruled the veteran's VA disability benefits were totally protected from third party attachment. I invite you to read how the Ohio court and others accomplished this.

U.S. Supreme Court - Mansell v. Mansell U.S. Supreme Court - Mathews v. Eldridge

Supreme Court of Florida - Abernethy v. Fishkin Florida - Janovic v. Janovic

Florida District Court of Appeal - Longanecker v. Longanecker

Ohio - Bakle v. Bakle North Carolina - Halstead v. Halstead

North Carolina - Bishop v. Bishop North Carolina - Elmwood v. Elmwood

North Dakota - Olson v. Olson Texas - Richard v. Richard

Texas - Bill Bruce Burson

These cases and others prove the 'double-standard' at work here, and our disabled military veterans are paying the price. OFFE needs your help to stop this scam taking place in America's civil courts .

NOTE: All of the above Case Law was researched by OFFE volunteers. If a lawyer invested the time and effort to find these cases it would cost hundreds if not thousands of dollars. OFFE has provided these cases for free. Please consider making a small donation to OFFE for the use of this valuable information. Your donations are tax deductible.

DONATE

VDPA

Veterans Disability Protection Act of 2010

A Concept Paper

OFFE

Myths

VA disability compensation is intended for the veteran and their entire family.

FALSE

VA disability compensation is intended solely for the survival and well being of the disabled veteran injured in the line of duty. A veteran can receive additional allotments while they are married for a spouse and dependant children, but the root of the veteran's disability compensation belongs wholly to the veteran injured.

Once the disabled veteran receives their VA disability compensation check and deposits 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. If a veteran can prove that the funds in their bank account are derived from VA disability compensation, these funds are protected from attachment, seizure, levy, or garnishment.

The VA provides benefits and entitlements for ex-spouses.

FALSE

Nowhere in USC, Title 38 are benefits or entitlements provided for

ex-spouses.

Civil court judges can be arrested and jailed if they violate the law with their rulings.

FALSE

State and Federal judges are exempt from arrest and prosecution for making a bad or illegal ruling.

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 the 20th Congress for the total protection of veteran's benefits.

OFFE Press Releases

PRESS RELEASE #80 - (September 5, 2010) - Minnesota Disabled Veteran Released from Jail

PRESS RELEASE #79 - (September 4, 2010) - Iowa State Veteran’s Service Officer Jailed

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 #76 - (June 10, 2010) - Attention All U.S. Military Personnel!

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

www.secondclasscitizen.org

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.

http://www.acq.osd.mil/osbp/policy/pl108-183.pdf

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

Bishop v. Bishop - Court of Appeals of North Carolina - March 1, 1994.

Elmwood v. Elmwood - Supreme Court of North Carolina - June 6, 1978.

Olson v. Olson - Supreme Court of North Dakota - July 17, 1989

Richard v. Richard - Court of Appeals of Texas, Tyler - October 13, 1983

Bill Bruce Burson - Supreme Court of Texas - April 22, 1981

L.E. Rivera - Appeal - Georgia - 12/18/07 - APPLICATION FOR APPELLATE REVIEW

AREA 5301 is a 'new name' for an 'old battle', AKA 'The 5301 CLUB' founded by Veterans Rights Activists Jere Beery and Dale VanLuven several years ago. Beery and VanLuven 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 AREA 5301 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 abuse of 5301. 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

All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY