PRESS RELEASE #36
Snyder Joins Beery, Van Luven, and North in battle to protect Veteran’s Benefits in
Divorce Court
By Staff Writer: Rick Townsend
November 14, 2005
Retired US Air Force veteran, Larry D. Snyder, of San Antonio Texas is the latest veteran to join efforts to protect veteran’s benefits from third party awards in state divorce courts. On November 3, 2005, Snyder, of Universal City, Randolph AFB, filed a formal complaint in the US District Court, Western District of Texas, requesting a federal ruling in his case as to the applicability of US Code Title 38, Section 5301. Snyder referenced Mansell v Mansell decision by the US Supreme Court, and provisions of the Uniform Services Former Spouse Protection Act (USFSPA and PL 97-252) which identify service connected disability compensation as being exempt from “property division” claims. Snyder is currently rated 50% disabled by the Veterans Administration, and is seeking protection from his former spouse’s attempt to obtain his service connected disability compensation as a divorce settlement. Snyder Complaint Document
Veteran’s rights advocate Jere Beery of Jefferson Ohio echoes Larry Snyder’s concerns. “Many veterans want answers to the questions Mr. Snyder has addressed in his federal complaint,” Beery said. “I’m hearing from veterans every week in similar situations,” Beery added.
Jere Beery was released from his $24,000 alimony court order by his ex-wife earlier this month. According to the former Mrs. Beery, her attorney and the judge were wrong to target Mr. Beery’s VA disability compensation. “This release by my ex-wife will not stop me from continuing to seek justice for my fellow veterans,” Jere Beery stated.
Snyder’s former wife is seeking his disability compensation as additional permanent alimony, and has filed contempt charges against him for not complying with a Florida State court order requiring he give back his VA disability pay under the name of “spousal support.” The Florida court has served Snyder with a writ of bodily attachment so he faces possible incarceration if he does not comply with their ruling to provide his disability pay. The question arises, what criminal act has a US military disabled veteran committed that calls for imprisonment and punishment because his rightfully awarded disability pay is being contested and is ordered to be “made up” from the retiree’s disposable retired/retainer pay? Retired veterans are subject to active duty recall until age 60, and therefore the designation of their retirement entitlement as retainer pay is appropriate and correct.
Vietnam combat wounded veteran and veteran’s rights advocate Dale Van Luven has been in a similar divorce battle in Tennessee. Van Luven has been jailed several times for nonpayment and served 30 days in jail last November for refusing to give up his VA disability compensation for alimony. “I think my ex-wife has been advised by her attorney and the judge to back-off for now. But, she can put me back in jail at anytime for nonpayment,” Van Luven said. “So far, I have served more jail time for refusing to give up my VA disability compensation than Martha Stewart served for felony insider trading,” Van Luven claimed.
The larger question posed by Larry Snyder to the District Court in San Antonio is whether disability payments authorized and awarded by the Veterans’ Administration are to be provided as compensation to ex-spouses under the aegis of permanent additional alimony. The issue becomes one of Federal Law being pre-empted and sidestepped by a state’s court order.
Snyder is adamantly opposed to relinquishing his VA disability entitlement. It constitutes much of the livelihood for his present family and he contends that it does not meet the criteria of disposable pay under the USFSPA. He intends to not comply with the Florida court order. He contends that since this is a property distribution issue, as military retainer pay is so defined in the USFSPA, that the court order is groundless and fallacious -- “they want me to keep her property value at the same level indefinitely (for life), and to also annually increase the value of this property with COLAs”, the annual cost of living increase that retired military and federal employees receive. He commented, “if I were to purchase a piece of property say for $10,000, and find a year later that the property value had fallen to $5,000, would I have grounds to confront the person who sold me the property and demand he give me $5,000 back, so my property value would be maintained at the same worth? Of course not!
In view of the fact that Snyder is providing child support, alimony and 42% of his military retirement/retainer pay, he does not intend to relinquish further from his limited resources and seeks relief from the overwhelming assessments that have been made against his earned / fulfilled military career entitlement.
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. “Larry Snyder is not alone, many disabled veterans are having their rights violated in state divorce courts. Mr. Snyder is a welcome addition to grassroots efforts to protect our troops earned entitlements, benefits and compensation,” North said. James North is currently awaiting a response from Secretary of Defense, Donald Rumsfeld concerning a similar formal complaint North filed with the DOD earlier this year.
There are an increasing number of lawsuits on this issue ongoing throughout the country. Several state courts are redefining disability pay and awarding alimony under the aegis of “disposable income.” The legality of state courts making these intrusive decisions is highly questionable and invites an immediate and thorough review by federal judges to clarify VA disability pay awards being within the authority and jurisdiction of state courts to reassign. If they are not, then federal action to immediately stop, and to reverse, these state court decisions is critical to assure fairness and equity for disabled military veterans.
Larry Snyder is currently facing contempt of court incarceration in the great state of Florida for non-payment of alimony and his ex-wife’s attorney fees. “I am not going to pay her ANYMORE, I will die in jail before she gets any more of my veteran’s benefits,” Snyder declared.
Jere Beery thinks it’s just a matter of time before someone gets hurt or dies because of this issue. “This is an extremely sensitive matter and disabled veterans are choosing jail over giving up their veteran’s benefits to their ex-wives. Emotions are running high among some veterans over the obvious “lack of protection” of “their” earned veteran’s benefits,” Beery said.
To date, the Department of Veterans Affairs and national veterans’ service organizations have refused to directly address the issue claiming; “they do not get involved in civil matters”.
For the entire story, visit http://www.jerebeery.com/press_releases_page.htm
Larry Snyder - snyder2l@earthlink.net
Jere Beery – jerebeery@aol.com
Dale Van Luven - Vietna467@aol.com
James North - Jim.North@cambridge-na.com