Judge Prentis Smiley, York County Circuit Court, VA modified my NEW MEXICO Order, which gave my former spouse 33% of my retirement. And DFAS has been sending that to her directly. This did not give her any portion of my disability. However, he granted her a judgment in the amount of $9500 and in addition to that, I have to pay her monthly $175.00. I've had a heart attack back in 2005, and we divorced in 1998, but I still got to pay her. Make sense to anyone? He did not even have jurisdiction over my case. The divorce occurred in New Mexico and neither of us live there. She lives in VA, and I'm in NC. I am having to file bankruptcy because of this! She has motioned the NC Court to honor the judgment. And, if they do, I'm in contempt and off to jail. Does anyone know any NC or VA atty that can help me? I hate to rush anyone but she filed the paperwork on 18 May, and I'm only given 30 days to try to block the judgment or seek relief, which from the attys I've talked too, that means bankruptcy. Please write to mkjnly@aol.com. Thank you, and I will help anyone I can to receive what they earned. Mark Yates

How can state court judges arbitrarily award as alimony a portion of a veteran’s disability rated compensation, and waive away the disability rights of veteran’s whose disability rating is determined and factored in as critical, judgment as if all disabilities are exactly the same? State court judges are overstepping those whose authority it belongs, in the practice of medicine, reevaluation, and rehabilitation of the veteran. And in doing so, violating the canons of standard conduct for judges.
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The law is quite clear, along with violating the canons of standard conduct for judges, violating “Authority for schedule for rating disabilities.” 38 USC 1155, "..., in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred.” Violating as well, 38 USC 5301, 42 USC 1408.
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As veterans’ all too well know, state court judges upon eyeing a veterans disability compensation, and as well as Social Security disability, as alimony, the standards of judicial jurisprudence, and law are totally ignored. However, the following federal judge’s ruling supports the standard for which state court judges are governed.

State can't deny kids Medicaid services, judge says.
http://www.ajc.com/search/content/metro/stories/2008/06...hildren_lawsuit.html
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“The decision last week by U.S. District Judge Thomas W. Thrash pertains to the case of a 13-year-old developmentally disabled girl, Anna C. Moore of Danielsville in north Georgia. Her doctor prescribed 94 hours of private duty nursing care a week for her, but the state Department of Community Health approved only 84 hours.
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The Atlanta federal judge found the state does not have the discretion to deny funding for services prescribed by a treating physician. "The decision affirms that treating physicians, and not the state, should make those decisions," said the girl's attorney, Joshua Norris of the nonprofit Georgia Advocacy Office.”
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VETERANS LAW JOURNAL
http://74.125.45.104/search?q=cache:se1h9j9w5GMJ:www.ca...&ct=clnk&cd=11&gl=us
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A Quarterly Publication of the Court of Appeals for Veterans Claims
Bar Association
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“Thus, the Federal Circuit found that “[t]he statutory scheme … consistently excludes from judicial review all content of the ratings schedule as well as the Secretary’s actions in adopting or revising that content.” Looking at the legislative history, the Federal Circuit pointed out that “[t]he language in the legislative history is not limited to the percentages of the disability ratings, as appellants argue, but matches the statutes in broadly precluding judicial review of the contents of the disability rating schedule in toto.”
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Is this what returning veterans from Iraq and Afghanistan need? Come home to fight another battle? What needs to be done? As explained above briefly, you know your fellow veterans’ are taking a beating from judges in state divorce court. Seizing veterans’ VA disability compensation. Being awarded as alimony. These judges, although recognizing federal law, somehow justify their interpretation of 38 USC 5301 and 10 USC 1408, and the Supremacy Clause as not being perhaps strong enough. Now comes, 38 USC 1155, “Authority for schedule for rating disabilities”, this is possibly just what the disabled veteran needs to overcome the state court’s opposition and uncertainty, with a law that leaves no room for ambiguity in it’s meaning.
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I don’t believe 1155 argument has ever been tried, or introduced in court. Now is the time to test this. Once introduced, the court will have to deal and rule on this. If there are any upcoming veterans' court divorce proceedings, or even possibly pending cases, the introduction of 1155 could possibly be the one thing that will remove, hopefully forever, another burden from our disabled veterans, at an unfortunate time in their lives. I hope you found this advice worthwhile. Please post this notice on your bulletin board, email, or newsletter, there may be a veteran that can benefit from this advice Thank you.
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This message has been edited. Last edited by: haiki,

i WOULD CALL MIKE LENORD, AT 1-877-657-5803, TOLL FREE NUMBER, OR 1-910-452-5544- FAX 1-910-452-5234, MIKE LENOED, DID WORK AS A LAWYER , FOR VA, NOW HE ONLY TAKES VETERANS CASES.hIS OFFICE i S VETERANS LAW OFFICE. -I WILL USE HIM FOR MY LAWYER,TO APPEAL. BETTY PRIAM

Hi DisabilityIsMine,
I have not dealt with this issue myself, so I don't know a whole lot about it or the case mentioned on the front page of VFJ, but I can recommend an avenue for you to check out.

First, lets start with www.firebasenetwork.net, perhaps one of these folks can better assist you.

I'm, just another vet in search of the truth I hope this helps; I don't know if congress or the senate has been contacted regarding this case, but I am sure they have.

My Representatives, ignore me, I have contacted them so many times on different issues, and all I ever get is a generic automated email respose.

I hope I have been of help to you; if not, one of the members might be able to help you or have imformation to further guid you.

Macat, thank you. I did find the article on the web site. I'm not sure what can be done at this point. Have any congressman or state reps been made aware of this? What about the armed forces committee? I certainly appreciate any help you have to offer. Mark Yates,USAF,Ret.

On the front page of the Veterans For Justice web site; if you scroll down 1/4 of the way, there is a story entitled Judges Robbing Veterans to Pay Alimony by John Waltz. let me know if you find it. talk to you later.

Hi I appreciate your post, but what website should I visit to read the story? Any help would be fantastic!

Hi disabilityismine,
Read the story on the home page of this website; there is a story very similuar to yours; posted there. Perhaps it can provide some guidance for you.

Talk to you later.

Hey Jim, thank for the post. I did have a lawyer. He argued and argued the Mansell vs. Mansell law that went to the Supreme Court of the USA. DFAS is sending her directly the portion of my retirement. I appealed Judge Smiley's ruling to the VA Court of Appeals. The attorney I had then forgot to file the "Written Statement of Facts", so the Court of Appeals honored her (ex's) request to dismiss. Judge Smiley was aware of the Uniformed Spouses Protection Act, which clearly states former spouses are entitled to disposal retirement pay only. Judge Smiley said it was his court, and he would do what he wanted. The Order giving her retirement benefits is a New Mexico order. She lives in Virginia, and I live in North Carolina. I should have immediately argued jurisdiction, but I didn't because every legal analyst I talked to said she would not get any portion of disability. She has now brought the judgment granted by Virginia, and unless I declare bankruptcy, NC will honor the judgment. That judgment is a non-dischargable debt, but it will make her wait 5 yrs to hassle me again. I am so mad!!!!!!!!! If you know anyone that can help, I sure would appreciate it!!!! Mark

They (the exwife) can get part of your retirement, but there is a law that they can't get any of your va disability, get a lawyer and get one fast.