Jerry
Bohr of Ossian Iowa is facing
the dilemma of his life. Bohr has been ordered to report to jail on
September 4th to begin serving a 30 day sentence for contempt of court. The
sentence was handed down 2 weeks ago by Judge Richard D. Stochl, 1st
Judicial District Court of Iowa, for
noncompliance of a previous child support order. It is this previous order
which has led to Bohr’s incarceration. Jerry Bohr refused to comply with his
divorce settlement agreement which wrongly calculated his VA disability
compensation into his divorce as ‘income’ and therefore a ‘divisible asset’.
Bohr was found in contempt of court for not honoring the attachment of his
veteran’s benefits to his divorce settlement,
now Jerry Bohr is on his way to jail. According to Federal Code this
practice by state court judges is a violation of the Federal laws which
protect veteran’s benefits from
the claim of creditors, from attachment, levy, or seizure by
or under any legal or equitable process whatever, either before or after
receipt by the beneficiary..
[Video
Note:] KWQC TV6 (April 2009) News broadcast features Jerry Bohr and members of
Operation Firing For Effect, the Veteran’s Advocacy Group. This video provides
a thumbnail sketch of the OFFE organization and the 5301 issue in
Iowa.
If anyone should know something about the laws which govern the benefits
earned by our men and women in uniform, it is those individuals who see and
service our veterans on an every day basis. Jerry Bohr is a State of Iowa
Veteran’s Service Officer with an office in Winneshiek County and many years
of experience dealing with the needs of Iowa veterans. Bohr is very well
versed in the laws and regulations contained within USC, Title 38, which is
the Federal Code that regulates and protects the benefits and entitlements
earned by our men and women in uniform after they are discharged from the
military. Jerry Bohr is also an Honorably Discharged disabled U.S. Army
veteran with a service connected VA disability rating. Between his VA
disability compensation and his job with the state, Bohr has no other assets.
The disagreement between Judge Stochl and Jerry Bohr centers around USC, Title
38, 5301, which clearly states that veteran’s disability compensation is
protected from attachment under any circumstances, and by/under any legal or
equitable
process whatsoever.
Unable to acquire an attorney willing to go up against the judge, Jerry Bohr
was forced to represent himself in court. Although Bohr was well prepared and
presented his case in a respectable manner, none of that would matter; the
judge was not going to reverse him self. Bohr was ordered to serve 30 days in
jail with work release, and then to add insult to injury, Judge Stochl ordered
Bohr to pay all of his ex-spouse’s attorney’s fees. If Bohr doesn’t pay the
court ordered support by the 30 days, he will be sentenced to another 30 days,
or more, until he pays the court ordered support. According to Judge Stochl
the federal law carries no weight in his courtroom and Jerry Bohr was merely
attempting to hide behind a very old outdated federal law.
According to
Operation
Firing For Effect
(OFFE), National Chairman, Gene Simes the judge got part of it right, 5301 is
a very old law - which dates back to the founding of our nation.
Unfortunately, civil courts across this nation are choosing to totally ignore
our Forefather’s pledge to our combat disabled Patriots by finding slick and
clever ways to distort and desecrate a Nation’s promise to her military
forces. If indeed Federal law takes precedence over State law, then a majority
of civil courts across the U.S.A. are in direct violation of federal code by
forcing a disabled veteran to use his/her tax-free VA disability compensation
as income to pay alimony, spousal support, child support, or to pay third
party attorney fees, or face jail.
Jerry Bohr has never refused to pay child support. However, Bohr has states he
will only pay the court order if the amount of support is calculated without
the inclusion of his veteran’s benefits as income. Jerry Bohr is not a
deadbeat father. Bohr shares custody of the Bohr’s two minor children and he
sees his kids every other weekend at his expense. Jerry Bohr is very involved
in the raising of his kids. He is an active parent and responsible father.
Now, thanks to Judge Stochl, who has no respect for federal law, two weekends
a month Jerry Bohr’s kids will not see their daddy because he is in jail. One
can’t help but wonder what the kids on the school grounds will say?
Jerry Bohr is a valued member of OFFE and we will do everything in our power
to get Jerry’s story out to the public. OFFE will be monitoring Jerry’s
incarceration and case very closely. In fact, OFFE is following over 100 cases
nationwide where disabled veterans have been unjustly stripped of their
veteran’s benefits by civil courts judges. Jerry Bohr is the latest disabled
veteran to be jailed over this issue. Jerry will be the 6th OFFE
member to be jailed over this issue. Joseph Dziubak of Minnesota is facing a
return to jail as well. Disabled veteran Charles Williams from San Antonio
Texas was released from jail last week after paying the court order.
[Video
Note:] KAAL, TV6 News (May 25, 2010),
Albert Lea,
Minnesota, Disabled Veteran Joseph Dziubak Goes to Jail.
http://www.youtube.com/watch?v=5QUqoJfyATg
‘AREA 5301’
is a web page created by
Operation
Firing For Effect
devoted exclusively to the 5301 issue. Operation Firing For Effect is
currently the only national organization addressing this issue.
http://jerebeery.com/AREA%205301.htm
[Video
Note:] WIBW TV13 News (August 2010) broadcast is the latest coverage of this
issue.
http://www.youtube.com/watch?v=IyANu07a0u4
Jere Beery
OFFE National Public Relations Director
jerebeery@aol.com
