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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??
Eek Eek Eek Eek

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


 
Posts: 7592 | Registered: Tue May 03 2005Reply With QuoteEdit or Delete MessageReport This Post
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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?
 
Posts: 118 | Registered: Fri December 15 2006Reply With QuoteEdit or Delete MessageReport This Post
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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"
 
Posts: 22 | Registered: Sat August 06 2005Reply With QuoteEdit or Delete MessageReport This Post
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