US and State Government are Ignoring Disabled Veterans Cries for Equality in Divorce (History of this Law)

State Court justices are violating United States Code Title 38 Sec. 5301 and are incarcerating disabled veterans while enriching their former spouses.

  1. State Courts are ignoring/violating rights granted to veterans receiving disability compensation as a means of subsistence, and are illegally forcing them to use those monies, in violation of 38 USC 5301 (a) (1), to pay alimony, mortgages, and other civil orders to former spouses and to repay bill collectors.
    38 USC 5301, and it’s preceding legislation… which originated after the Civil War, when the government recognized that veterans were being injured, as a result of situations that occurred while in service of the United States Uniformed Services… where said injuries prevented them from being able to earn monies through gainful employment.  Since that time, US Code Titles have changed, but the legislative intent has remained intact, and NO LAW has passed that would allow any lawful agency to attach, levy or garnish those monies.  An excerpt of 38 USC 5301 is below:
    “(1) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.”
    That section is very clear, but to help alleviate any questions, different sections speak of different situations as copied below:
    “(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.
    (B) Notwithstanding subparagraph (A), nothing in this paragraph is intended to prohibit a loan involving a beneficiary under the terms of which the beneficiary may use the benefit to repay such other person as long as each of the periodic payments made to repay such other person is separately and voluntarily executed by the beneficiary or is made by preauthorized electronic funds transfer pursuant to the Electronic Funds Transfers Act (15 U.S.C. 1693 et seq.).” (emphasis added)

    After reading the above, hopefully you will agree the intent is that unless the action is “voluntary” the transfer of monies, whether the result of “any legal or equitable process”, which a court order falls under is unenforceable, and I will copy the historical proof at the end of this document.State Court justices believe they are exempt from this law and repeatedly attach compensation monies and force the veterans to use these monies to pay “alimony” to their former spouses, where in most cases the former spouse is able to work and was awarded the benefit of attending college at the VA’s expense, but refused to do so.  So the question here is:  Is it the veterans responsibility to support a former spouse using monies that US Code says is for the veterans sole use?  Except for the exception, that neither I nor any other responsible veteran would ignore, and that is to use a portion of the money to support their minor child(ren).  Beyond that exemption, as it would be voluntary, the money is protected from “attachment, levy, or seizure, but that is not what the courts are doing!  In violating that law, the courts are basically spitting on the US Constitution, where Article VI makes the US Constitution the primary “Law-of-the-Land” and explains how State laws will/are to be handled when an issue arises. ” Article VI – Debts, Supremacy, OathsThis Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

     

    The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

     

    The Justices have repeatedly handed down contempt orders where the disabled veterans went to jail for up to one year for having to choose to starve and go homeless, or go to jail, and all the time it isn’t the veteran who is violating the law, but it is the judges who are violating their oath to uphold the laws of the US as well as their State.  Below is the historical background that will demonstrate that my statements are the truth.

    Please help us put an end to this and write your legislators asking them to have the Department of Justice initiate an investigation into the criminal actions of these judges.

    Library of Congress; Congressional Record

     

    NOTE: This is the history of the Federal Law we now know as; USC, Title 38, 5301.

     

    TWENTIETH CONGRESS.  Sess. 1 CH 55 1828

    CHAP. LIII – An Act for the relief of certain surviving officers and soldiers of the army of the revolution.

    Sec. 4. And be it further enacted, That the pay allowed by this act shall, under the direction of the Secretary Treasury, be paid to the officer or soldier entitled thereto, or to their authorized attorney, as such places and days as said secretary may direct; and that no foreign officer shall be entitled to said pay, nor shall any officer or soldier receive the same, until he furnish to said secretary satisfactory evidence that he is entitled to the same conformity to the provisions of this act; and the pay allowed by this act shall not, in any way, be transferable or liable to attachments, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer or soldier entitled to the same by this act. (emphasis added)

    Approved May 15, 1828

     

    SEVENTY CONGRESS.  SESS. 510 August 12, 1935

    SEC. 3 Payments of benefits due or to become due shall not be assignable, and such payments made to, or on account of, a beneficiary under any of the laws relating to veterans shall be exempt from taxation, shall be exempt from the claims of creditors, and shall not be liable to attachments, levy, or seizure by or any legal or equitable process whatever, either before or after receipt by the beneficiary, Such provisions shall not attach to claims of the United States arising under such laws nor shall the exemption herein contained as to taxation extend to the property purchased in part  or wholly out of such payments.   Section 4747 of the revised Statutes and section 22 of the World War Veterans Act, 1924, are hereby repealed, and all other Acts inconsistent herewith are hereby modified accordingly.  The provisions of this section shall not be construed to prohibit the assignment by any person, to whom converted insurance shall be payable under Title III of the World War Veterans’ Act, 1924, of his interest in such insurance to any other member of the permitted class of beneficiaries. (emphasis added)

     

    Note:  It was the intent of the Seventy Fourth Congress Chapter 510; An Act- To safeguard the estates of veterans derived from payments of pension, compensation, emergency officers’ retirement and insurance, and other purposes.

    Note:  It was the intent of the Eighty Fifth Congress (1958) Volume 72 Part I; An Act To consolidate into one act all of the laws by the Veterans Administration, and for other purposes.   (Data from the Library of Congress)

     

    §3101.   Nonassignability and exempt status of benefits

    (a)    Payments of benefits due or become due under any law administered by the Veterans Administration should not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, should be exempt from the claims of creditors and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.  The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to ant property purchased in part or wholly out of such payments. The provision of this section shall not be construed to prohibit the reassignment of insurance otherwise authorized under Chapter 20 of this title, or of Servicemen Indemnity.  (emphasis added)

    (b)    This section shall prohibit the collection setoff, or otherwise out of any benefits payable pursuant to any law administered by the Veterans Administration and relating to veterans, their estate, or their dependents, of any claim of the United States, or any agency thereof against

    (1) any person other than the indebted beneficiary or his estate; or

    (2) any beneficiary or his estate except amounts due the United States by such beneficiary or his estate by reason of overpayments or illegal payments made under such law to such beneficiary or his estate or to his dependents as such. If the benefits referred to in the preceding sentence are insurance payable by reason of yearly renewable term insurance, United States Government Life Insurance, or national Service Life Insurance issued by the United States, the exemption provided in this section shall not apply to indebtedness existing against the particular insurance

    (c)    contract upon the maturity of which the claim is based, whether such indebtedness is in the form of liens to secure unpaid premiums, or loans, or interest of such premiums or loans or indebtedness arising from overpayments of dividends, refunds, or other insurance benefits. Notwithstanding subsection (a), payments of benefits under laws administered by the Veterans Administration shall not be exempt from levy under subchapter D of Chapter 64 of the Internal Revenue Code of 1954 (relating to seizure of property for collection of taxes).

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    If you have questions, please feel free to contact the author at: pdionne03901@yahoo.com.

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