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The story of Vietnam Veteran
Calvin Murphy and his shocking divorce case in a Michigan court is almost the stuff of legends in our Veterans arena at this time, so I thought I would rise to the occasion and put the low-I.Q. judge who ruled in the case, front and center, for a little grilling in our FORUM frying pan. County Circuit Judge James M. Batzer genuinely stepped on a Veterans political landmine on the day that he ordered Calvin Murphy into 90 days at County Jail for refusing to surrender his SSD payments over to a self-absorbed wife who was herself receiving SSD, and wanted part of poor Calvin's too. Can't ya just see the floodgates opening for marraige fraud schemes putting U.S. Veterans under siege?? Poor Calvin was looking at living on a pittance of $800 a month when all was said and done, and his disability was caused from being in one of the most decorated Artillery units in all of Vietnam. Taking anywhere from $300 to $400 a month in rent or a mortgage payment out of that pittance $800, what exactly was the court's plan for Calvin to live on when all was said and done? This is a fair question to know. If the wife was already receiving her own SSD, then why is Calvin's higher computation for the same somehow subject to HER needs over his?? At what point does a Jenny-Come-Lately spouse become superior to the standing of an honored war Veteran? Calvin was unaware that the pig in a black dress sitting at the bench lording over his case is a former legal counsel for the Department of Mental Health there. He was also a former Child Protective Services worker before entering law, although there was little information floating around as to whether or not Calvin Murphy's divorce involved children. But just like Tim McLain at the Office of General Counsel for the VA, these retards from the law world who start out representing agencies, all too often emerge later on in their careers with what can only be characterized as ruthless, uncaring, mental illness cases in their own right which would pale in comparison to any serial killer on the street. It is hard to know, based on what was floated in our Veterans Circuit about whether or not 10 USCA 1408 was at play, more commonly known as the Uniform Services Former Spouses Protection Act which holds the financial interests of divorcing spouses equal to that of retirees and Veterans in certain classes. There is no question that this is a low-down skunk of a statute and whoever the Communist is who drafted it into legislation ought to be lined up and shot by a firing squad. Nonetheless, Judge James Batzer and his ruling from Stupidville upon Calvin Murphy underscores a huge part of what is causing Vet homelessness. It's the proverbial robbing of the earner for the whims and desires of the marital parasite. Guys in particular really do need to get a heads-up about how the marital and child support system is wired, because if that doesn't keep you all at home and refusing to ENLIST in the Armed Forces, then I just don't know what will. You can Google out the actual text of the Spouses Protection Act by typing in the SEARCH function: "10 USCA 1408" and I'll warn you that this thing is 8-miles long to read so plan to stay there for awhile. You can also retrieve it at: www.law.cornell.edu If you marry or have kids with a life partner, when you push that button then you literally open up your entire WALLET to whatever comes next. It's risky business in these modern times. Love circles and relationships may never be the same again. Nazi Court Judges have had an ongoing trend in this country of sabotaging the American traditions and way of life one court ruling after another since the aftermath of The Assassination Era where 3 of the greatest and most scholarly types to ever hit the political scene were gunned down one after another in the 1960's. What we are now getting out of courts such as Judge James Batzer are the kind of rulings that would make Adolf Hitler proud to be an American. Neither SSD nor VA disability provides for a "spouse allotment" to provide for the coupling status of married types to begin with. So where is the mental rationale that says a disability payment IS then subsequently liable for spousal claims upon divorce?? There is NO lawful rationale of any such type, and this is where the Calvin Murphy incident of judicial malpractice becomes interesting. The Former Spouses Protection Act is ill-conceived, and likely unconstitutional at best and we have yet to hear from the Social Security Administration itself as to whether or not this is their intended outcome for paying SSD benefits to a Vietnam war Veteran with PTSD. In another way, this is one more example of how non-Veterans in Congress go about the business of reducing war Veterans down to the same equal prisoner status of the 911 Detainees at Guantanamo Bay. It's the kind of proverbial stripping away of citizenship and appended constitutional rights that the agencies and courts do to a Veteran, one agency after another agency after another agency until finally the Veteran is reduced down to nearly a foreign immigrant in his or her own country. This is the road that is paved to homelessness or mandated institutional living as the only way for a Veteran to eat and sleep. Among other things, SSD payments are open to foreign immigrants who have never worked a day in this country and contributed to the pot. Lifelong and career drug users are also now deemed as "legimate" disability cases as are voluntarily morbidly obese types who eat themselves into 800 lb. body weights. State and federal divorce laws have it wrong, and it's wholly Un-American and these displays of social deviance by incompetent and malpracticed judges who are putting this on the backs of war heroes in need. Who among us would not step up and say that divorce by itself is a shattering event to the soul and emotions on one side or the other. Then the war Veteran has to eat all of THIS on top of it all?? Judge James Batzer is a retard who doesn't get it, and he needs to get out of our Vet faces in the hereafter as he will always be remembered as the moron who put Calvin Murphy in jail for not surrendering his SSD payments for alimony. We would do well to organize our constituency to effectively block this jackass from Hell from ever receiving another law promotion again in the future. Sue Frasier, VEV 1970 Army Signal Corps national activist/protester staff Blogger, VFJ |
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Hi haiki,
I find it strange that I am able to relate to, so many of the post. Ok, I can relate to this; I receive $842.00 a month in SSD, $242.00 dollars goes towards child support, my ex-wife recently filed for a modification to our divorce, and the judge awarded her the remaining $600.00 dollars. Here's the twist to this story; THE TWO KID'S ARE NOT MINE, I have been told by my doctor that I can not have childeren. This is how these kid's came to be; when I was in Kuwait, my then wife had herself "impregnated, via invetro fertilization, and when I got back I was a daddy, and stupid me sign the birth certificates." I was totally against this procedure because I was not going to be apart of the process, and I told my ex-wife this, but she went ahead and did it anyway with out my concent. So I know exactly how Calvin feels, but on a little grander scale. I'm paying for kid's that are not mine; the judge in this case did me wrong, but i'm a disabled veteran; I don't have rights. Am I mad? yeah I am dam mad. Here's some more of the puzzle, I can't afford an attorney to repersent me, the legal aid in that state refuse to help me, I applied to a pro bono organization in that state, and they said,"we will try to find you an attorney, but it will take up to 8 weeks, and then we can't guarranty you a lawyer." I had to anwser this modification, so I did, and a court date was set. But I was unable to obtain a lawyer in time. I was so upset because I was unable to obtain an attorney, and out of angry I filed a motion to conceed, because legal aid refused to help, I could not afford an attorney, and it was going to take 8 weeks before an attorney could be possible, I live in Texas the court is in Nebraska, the judge set the court date on the 28th of the month, and I get paid on the 1st and the 3rd of each month.The judge granted this motion, and granted the modification request. After I gained my composer I filed a motion for continuence untill I could find legal repersentation, I also explained that I was not finacially able to make the trip, I explained the fact that I live in Texas. The judge denied this request. I also filed a motion to established paternity, and the judge over ruled this motion. My ex-wife is employed making good money; more than me. I am now having to vacate my apartment because I am now unable to make the payments; I now only have my VA disability to rely on. Is it fair, hell no. I am not "mentally" capable of repersenting myself, and I told the judge this in the motion for continuence. QUESTIONS: Will I be finacially be responsible for their health care in case one of the childeren has a genitic deffect "LORD FORBID", such as cancer, lungs, or kiddney problems, etc....? How can I get help? |
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Way to go Sue!
Michigan judge has not lifted contempt order. He needs a little push. Re: Chief Judge James M. Batzer 19th Circuit Court With regard to Veterans Administration disability compensation being awarded in divorce, as alimony, in violation of law. What follows is a perfect example of the injustice that has happen in Michigan. Utter defiance of Supreme Court rulings, Federal law, and the State of Michigan’s policies, set in state statutes, spelling out the non-assignability, or subject to garnishment, attachment. To have a complete understanding of the United States position on how Congress took explicit care to insure that the sums it has so carefully specified are preserved for the support of the disabled veteran, every veteran should read the only reference you will ever need, the Supreme Court ruling in Rose v. Rose., 1986. The web address for this........ http://www.usdoj.gov/osg/briefs/1986/sg860452.txt . Bear Lake Michigan, veteran Calvin Murphy was sent to jail, just long enough to show what Michigan does to veteran’s that follow, and uphold the laws of the United States, in defense of veterans rights. This is not only the sentencing Chief judge in Michigan’s 19th Circuit Court, Judge Batzer, to justify, but the State of Michigan. MICHIGAN’S KOREAN VETERANS' MILITARY PAY FUND ACT OF 1955 (EXCERPT) Act 8 of 1955. 35.977 Korean veterans' military pay fund; creation; payment procedure; nonassignability of claims; rejection of claim; notice; appeal. Sec. 7. (1) Upon submission to the adjutant general of satisfactory proof that the applicant is entitled to payment under this act, ,,,,Provided, That no claim for payment under this act shall be assignable, or subject to garnishment, attachment, or levy of execution. MICHIGAN‘S VIETNAM VETERAN ERA BONUS ACT(excerpt) 370 of 1974. 38.1027. “Payment of claims; claim not assignable or subject to garnishment, attachment, or levy of execution; rejection of claim,, notice; appeals; certification of record; order allowing or denying claim; return of files and records; reapplication for benefits.” DEPARTMENT OF MILITARY AND VETERANS AFFAIRS MICHIGAN ARMY AND AIR NATIONAL GUARD HANDBOOK FOR RETIREES (INFORMATION AND BENEFITS UPON RETIREMENT) March 1, 2005 42 CHAPTER 12: UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT 12-4. General Information and Facts pertaining to the Act a. Depending on the court order, disposable retired pay is defined as retired pay to which a member is entitled less amounts:· Owed to the United States for previous overpayments of retired pay and for forfeiture required by law resulting from entitlement to retired pay. · Deducted from the retired pay as a result of forfeitures of retired pay ordered by a court martial or as a result of a waiver of retired pay required by law in order to receive compensation under Title 5 or Title 38. (USFSPA 38 USC 1408). You will find this same language under 38 USC 5301, which he mentioned to Judge Batzer just before he was led away in handcuffs. In compliance with Supreme Court rulings, a Michigan judgment in North v. North (2001) by Judge Donald Miller (Macomb County). Judgment was reversed Nov. 3, 2004. Ruling,.. that it was a blatant violation of veterans benefits Title 38 USC 5301. Judge Switalski refers to wording in Supreme Court ruling Mansel v. Mansel as the convincing basis for the reversal decision in the North v. North divorce case. In a news article in the Manistee News Advocate, Judge Batzer mentioned there where some differences between Rose v. Rose, and Calvin Murphy V. Karen Murphy. I wrote asking him asking, exactly what these differences are? Would you like to know? You can write to Chief Justice, Judge Betzer at 19th Circuit Court, 415 3rd St. Manistee, Michigan 49660. Or ask the Michigan Governor, “what’s going on?” Governor Jennifer M. Granholm, P.O. Box 30013, Lansing, Michigan 48909. Fax: 517-355-6863. Upon first learning of Calvin Murphy being handcuffed and sent to jail, veterans responded to Firebase Atlanta's Jere Beery’s, “fire for effect”. Veteran’s responded, extra help had to be put on, and the fax machine in the sheriff’s office broke. "Fire for effect" |
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Judge James Batzer
