Will USFSPA Protests to Lawyers Bring Change?
When we found the Military on Pinterest, there was an image of USFSPA protests that took place in Las Vegas, Nevada in May 2012.
Eight combat veterans from the nonprofit Veterans advocacy group, Operation Firing For Effect, (OFFE) organized a protest outside the office of attorney Marshall Willick, of Willick Law Group to “raise awareness about former military spouses who want half of the wounded warriors’ disability compensation.”
Harassing lawyers is not the best way to bring attention to the USFSPA. Attorneys don’t make the laws. They propose arguments and uphold what has already been passed by the government. Attorneys don’t make the final decisions, judges do.
Protests don’t belong outside the judges’ offices either. I find the idea that change will come from bullying those upholding the law to be somewhat ridiculous.
Instead what results is exactly what happened:
“Alleging that he received death threats from members of the nonprofit group, Willick fired back with a defamation lawsuit that he had served on the group and its leaders at the rally.”
The event has done nothing for the USFSPA and only resulted in two parties involved in more legal issues.
What do you think? Are these types of protests a good idea? Will they be outside the former spouses’ doors next?
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Is this blog still operational? Am I the only one with concerns about 15 May 2017 SCOTUS 15-1031 ruling?
Sorry you’ve not found what you’re looking for, but ‘yes’ the blog is operational 🙂
There’s lots to discuss on this issue, but here’s a quick summary that may help those with concerns:
“The effect on cases that have already had a final judgment of divorce may be limited because in most of those cases, the time for appeal has come and gone.
SCOTUS did not say that Howell is retroactive. Generally, unless the Court says otherwise, the new rule is to be applied prospectively only. Finally, a high percentage of cases are resolved by agreement between the parties. Howell did not involve such an agreement and it is likely that courts will continue to rightfully enforce agreements between the parties the court, without such agreement, would be unable to impose upon them. A matter of enforcing contracts. Similar to the ability of courts to enforce contractual provisions for payment of a child’s college expense even though the court could not order such expenses without an agreement.”
Source: http://www.camplejeuneglobe.com/news/supreme-court-weighs-in-on-military-divorce/article_45575260-40a0-11e7-a742-af202dda7cf4.html
http://willicklawgroup.com/wp-content/uploads/2015/08/Order-8-25-15-WLG-00098331x7A582.pdf
My ex ran from Virginia because of trouble on his job involving the FBI. He left me holding everything. House note other bills etc.
Was able to receive a divorce even though his testimony was fraudulent from beginning to end. Example: he testified that we were married in 1985 when in fact we were married in 1959, and his military pension was never mentioned. I filed an answer and an appearance, but it was ignored. I did this because I could not afford an attorney in Illinois. So he does not have worry about the USFSPA.
The author of this article didn’t do his/her homework. State legislators make State laws. Most of these legislators are in fact attorneys. So, therefore, lawyers do make the laws for the States. In the case where a State legislator isn’t an attorney, he/she will refer to an attorney to draft the purposed legislation. Whether the author of this article realizes or not, the disabled veterans aren’t paying the court ordered alimony, the American tax payers are. In other words, the money that Americans are paying into the IRS which they think is designated to care for our combat disabled veterans, is in fact being diverted to non-military, able body, ex-spouses and their attorneys in civil courts. The disabled veteran is doing without and suffering the hardship. Everyone in the courtroom winds up with a portion of the disabled veteran’s disability compensation after the judge adds court cost to the equation. It is the perfect scam of federal tax dollars. So, thank you author for not caring how your tax dollars are misused.
Also, I suggest you visit this link to see that Operation Firing For Effect is not alone in this battle.
Mississippi is enforcing the federal laws which protect veteran’s disability compensation, USC, Title 38, 5301. [ Link edited out by Admin. because it is no longer valid, but you can Google for the referred to case: Tonya Mallard v. James Mallard 2012. ]
Re: “State legislators make State laws”
Exactly. People (not one individual) make laws. This protest was not about ‘change’ but about harassing one person for their position on the subject. It’s childlike behavior similar to bullying, and reduces the image of the OFFE to be viewed as a credible professional organization. (We can address Mississippi later. The issue was not the subject being protested, but whether the choice of location would accomplish any change.)
If you read some of Mr Willicks legal notes against veterans and how much money he makes from militay divorces… Would it be safe to say that he has a vested interest in keeping the status quo? I’m not so sure that Mr Willick actually recieved threats as he proports…it’s more of a smoke screen to divert the real issue. It appears Mr Willick wants to deny 1st ammendment rights to the very people who provide his freedom of speech because they disagree with his actions and ideas against veterans. Marshall Willick was chastised by 2 Congressman in 1990 at the HASC hearing for going after veterans retirement to pad his own retirement.The transcipt is available to the public from the library of congress. It all about integrity and doing the right thing. So to the former spouse who plays into this….shame on you.
A bit of clarification here. The demonstration in question had NOTHING to do with the USFSPA. The demonstrators were protesting the subversion of the federal statutes that protect disabled veterans from having their VA disability compensation raided by ex-spouses and their attorney(s). The organization that performed the 2-day seminar and protest were members of the organization Operation Firing For Effect, a group dedicated to protecting VA disability under U.S. Code 5301.
As I stated in another e-mail while not a member of OFFE I do support their goals. I have suggested compromise legislation that would allow ex-spouses to share in the VA disability compensation. All the ex-spouse has to do is undergo a medical procedure that will provide them with all of the mental and physical disabilities that the veteran has – i.e. loss of limbs, blindness, etc. Notably, two of the protesters in the photograph have exactly those type of wounds.
Granted lawyers DON’T make the laws, but SOME can eloquently and conveniently “interpret” the laws very differently to deflect a judge’s attention away from federal law and to within state laws to give their clients some “extra” things that although may be “legal”, these “extras” are unconscionably IMMORAL as they take military retired pay and disability compensation entitlement away from an injured military member that many other FEDERAL laws state this money belongs ONLY to the injured military member and NOBODY ELSE – period ! ! ! It’s about time that the American public learn how the covert and and unconscionable USFSPA was “sold” as a trade-off to bring certain hostile nations to the bargaining table about “nukes” and world power. The DoD has kept the USFSPA under wraps for 30 YEARS – while good military members commit suicide DAILY to keep from losing their solely earned military retired pay to NON-entitled former spouses, some of which are non-US citizens living back home in their country of birth !