02/01/05
As for now, Vietnam combat disabled veteran, Jere Beery will not be forced to pay $24,000 alimony in his 2003 Georgia divorce. On December 7th, Jere Beery’s Motion for Reconsideration was upheld and his final divorce settlement dismissed as neither party appeared in court. According to sources close to both the Beerys, Mrs. Beery’s attorney, Ike Hudson of Newnan Georgia refuses to pursue the case any further and suggested Mrs. Beery find another attorney. “It was Mr. Hudson’s suggestion that my wife go after alimony from my VA check in the first place,” Beery claims. “Ike Hudson personally told me he didn’t see any difference between the laws that allow access to military retirement pay and VA disability compensation,” Beery added.
In March of 2004, Beery was ordered by Georgia Superior Court Judge, Alan Keeble to pay $24,000 in alimony to his ex-wife over a four year period. In the court order, Beery’s VA disability compensation is mentioned as Beery’s only source of livelihood and was the used by Judge Keeble to determine Beery’s ability to pay alimony.
On March 17, 2004, in a bold act of defiance, Beery authored and served Judge Keeble with a document titled; “Declaration of Contempt”. In the 3 page declaration, Beery refused to pay the court ordered alimony from his earned VA benefits to a non-veteran ex-wife and vowed he would stop Judge Keeble from ever assaulting another disabled veteran’s benefits again. “This is about protecting something our troops earn with their flesh and blood, their veterans' disability benefits. My VA disability compensation is the only thing I have left, the only thing I own in the world,” Beery stated. To date, Judge Alan Keeble’s office has not released any statement concerning Mr. Beery’s public accusations.
At one point, Jere Beery had no attorney and was living in a homeless shelter in Newnan Georgia while Mrs. Beery retained possession of their 8 acres and spacious home in north Coweta County. Mr. Beery has no living relatives to turn to for support and was provided a place to stay at a Christian Fellowship shelter while he awaited his divorce. “I was ready to give up. I thank God Almighty for my Minister and the church’s help during that very difficult period of time in my life,” Beery stated.
In April of 2004, well-known Atlanta talk radio personalities, Kim Peterson and Wayne Kitchens broadcast an urgent plea for legal assistance for Jere Beery during the airing of the Kim Peterson Show on WGST. Peterson and Kitchens are veterans of U.S. military service and had been monitoring the Beery divorce case in Coweta County. Both men were very concerned something wasn’t right. Jere Beery of Newnan Georgia had claimed his VA disability compensation was used in his divorce as an asset and partly awarded to his ex-wife in the form of alimony. Peterson and Kitchens felt compelled to assist, and in addition to donating valuable air-time to the Beery story, the two broadcasters devoted an entire area on their web site to Beery’s crusade to protect his veteran’s benefits.
http://WWW.KIMMERSHOW.COM. Attorney at Law and fellow combat Vietnam veteran, John Nebl heard Peterson and Kitchen’s broadcast on his car radio and answered their request for help. Nebl took Jere Beery’s case Pro Bono, and with only 48 hours left in Beery’s time to appeal his divorce ruling, Nebl and his lead investigator, Rick Plymale personally filed a Motion for Reconsideration in Coweta County Georgia on behalf of Mr. Beery.
On June 10th of 2004, Jere Beery, represented by Nebl appeared in front of Georgia Superior Court Judge Alan Keeble. Judge Keeble ordered a Continuance in the Beery case stating he (Judge Keeble) needed more time to review the federal statues, and he (Judge Keeble) suggested the two parties involved negotiate a settlement in the matter. “It was apparent to me that Judge Keeble wanted to avoid revisiting his own ruling,” Beery suggested. The Judge set no future court date at that time. A court date of December 7th was later assigned to hear Beery’s motion for reconsideration. On December 7th, the alimony claim against Mr. Beery was dismissed because his ex-wife did not appear in court. “This solves my personal legal problem, but does not address the bigger question of veteran’s benefits protection,” Beery commented.
Since Beery’s “Declaration of Contempt” hit the internet a number of veterans across the country have come forward with similar stories of veterans' disability benefits being diverted to able bodied non-veterans in state divorce courts. Beery and others interested in the issue of VA disability compensation awards to third parties have suggested there is a great deal more to these stories than just simple divorces. According to U.S. Code, Title 38 §5301(a), veteran’s benefits are supposed to be protected from consideration as an asset in any legal process. Beery has documented several other disturbing cases nationwide. In one Michigan case 50% of a disabled veteran’s VA disability compensation was awarded to the ex-wife for life as a property settlement. In another case in Tennessee, a combat disabled veteran, Dale Van Luven, was jailed for 30 days for refusing to use his VA disability compensation to pay alimony. “I know of three disabled veterans facing jail right now over this issue,” Beery stated. In yet another case, therapeutic and rehabilitation related items purchased by the Department of Veterans Affairs for a disabled veteran were awarded to the ex-wife. “We are discovering that this questionable practice by state judges has been going on for a long time without challenge. Divorce attorneys are not afraid to go after veteran’s benefits in a divorce - and with the help of state judges - they are getting them. The ramifications from this issue could be far reaching and could involve hundreds of millions of federal tax dollars paid for veterans' benefits being diverted to non-eligible third parties via divorce settlements. As an American and military combat wounded veteran who supports our troops, this is totally unacceptable,” Beery concluded.
Jere Beery and Van Luven were hoping their battles in Georgia and Tennessee could be used by other veterans fighting to protect their VA disability compensation. Beery feels the dismissal of his case defeats any hopes of setting precedence that could help another veteran. “It’s like it never happened,” Beery said. “No one is going to be held responsible for this obvious attempt to unjustly attach veterans' benefits. Not the judge that ordered it, not the attorney that suggested it. These people know exactly what they are doing, and sadly they will continue to get away with it in Georgia,” Beery added.
To date, the national news media has avoided any coverage of the Beery or Van Luven story. Several national veterans’ service organizations have stated they do not get involved in personal divorce cases. The Department of Veterans Affairs has refused to comment on the matter at all. Several Congressmen have responded by stating they can not intervene in civil legal matters. Beery speculates a great deal of political pressure is being exerted to keep a lid on this story. “Some people are deceptively attempting to make this issue appear personal and self serving. Nothing could be farther from the truth. Civil courts are finding clever ways to circumvent federal laws established to protect veterans' benefits. We simply must support our troops by protecting their benefits,” Beery stated.
Vietnam combat disabled veteran Dale Van Luven is still facing jail in Tennessee. Van Luven has yet to find an attorney to represent him in his efforts to protect his VA disability compensation from court ordered alimony payments. “We have a defense fund set up at my web site to help Dale Van Luven with retaining another lawyer. The current balance is $1039.00. Unfortunately, donations have been slower than expected. However, a few generous donors have seen the need for justice here,” Beery concluded.
For the entire story, visit;
http://WWW.JEREBEERY.COM Jere Beery -
jerebeery@aol.comDale Van Luven -
firebasetn@aol.com In a related story, Davidson County Tennessee jail system under investigation in death of an inmate. Ricky Douglas, was found dead four hours after telling a deputy that he had not received his scheduled medication. In another incident, Paul E. Burton III, 40, was hospitalized in a diabetic coma after he requested higher doses of insulin than jail staff would provide. Metro Health Department and the Davidson County sheriff's office are being scrutinized for their health care policies concerning prescription drugs. This is the same facility Dale Van Luven was denied his VA prescribed medications while jailed last month.
http://www.tennessean.com/local/archives/05/01/65004135.shtml?Element_ID=65004135 "Support OUR TROOPS BY PROTecTING THEIR BENEFITS"
