“Til Death Do They Pay?” sure! As long as this judgement is handed out equally to both husbands and wives in this equal opportunity world we izz makin.

There was an article in the Wall Street Journal last weekend. It cited numerous examples, where after more than 20 years of being divorced, people were forced to START paying alimony to their ex. That’s right, START. In one case, both parties agreed at the time they split there would never be alimony paid. 22 years later, the court forced one spouse to begin support his ex-wife. This is insane!

Kyle : 66-75% of divorces are inititaed by the wife; stats depending on the year. However 97% of alimony is paid by husbands. Something is amiss here don’t you think?

Apparently today’s situation has nothing to do with karma, and everything to do with broken laws and greed.

Tom: That was pretty much my point. But it should go both ways, those 25-33% of marriages ended by husband should be negative to the husband and those 66-75% of marriages ended by the wife should be negative for the wife (unless they are abused/cheated on)

Even though I got none of her 401k because they said I could get some of the Social Security after retirement age, I would not go after her ( ex wife ) even though she now is a college grad on her way to graduate school, because my kids love their mom, and I love my kids. I get along with my ex wife enough that when something happens like son in law went to hospital, she writes me a e-mail and tells me. She was nice to me when my mother died too. I have a good relationship with my ex father in law as well. So I would not try and go after money. Sadly, many do not choose the path I have chosen but I believe it is best for my two twenty somethings.

I was the “housewife”.

After 20 years of marriage my wife decided to split, leaving me to put our 3 kids through college. I didn’t try to get child support or alimony, even though she made much more money than me.
No fault divorce hurts children. Most parents can’t risk staying home, because nobody can risk being outside of the “paid” workforce when a marriage fails.

It should be noted that women still make only 77 cents to the male dollar.

Do the children end up tending to a divorced parent who gets a raw deal in a divorce?
If people think they are getting into a housewife/breadwinner relationship, maybe a prenuptial agrement should spell that out?

I was divorced after a 15-year marriage. She had an affair, stopped working part-time, and left to be with her new partner, leaving me as the sole wage-earner and sole custody of the children. The divorce agreement requires that I pay alimony for 4 years to my ex-wife, that I have 100% financial responsibility for raising the kids, and that assets are split unequally in favor of my ex-wife.

I feel very fortunate that my alimony was limited, and I feel that it’s only due to the extraordinary circumstances that my ex-wife was not going to take care of the children going forward. Nevertheless I’m still nervous that under current law she could come back for more in the future.

Hello:

Alimony is idiotic. Divorce by definition is removing the ties that bind a couple. That should include everything: financial ties included.

It is simply a form of welfare to ex-spouses who aren’t willing to take responsibility for themselves and their children.

Then, on top of that – at least here in NYS – you have bozo judges whose roman catholic upbringing obliges them to use this as a form of punishement against men who don’t live-up to their misguided moral expectations.

I also disagree that alimony is somehow different from child support – they are both archaic practices which are used solely to punish the innocent and reward the guilty.

Thanks, Tom

Why is alimony one-way? I.e. why isn’t the homemaker ex-spouse ordered to provide SERVICES to the breadwinner ex-spouse, like he is ordered to provide CASH for her?

Why is one spouse allowed to go completely Scott free, and the other chained to the grave of the old marriage forever?

Rehabilitate?!? All this conversation proves to me is that the whole “marriage” and child bearing convention in our society is completely out of step with reality. What we should be asking ourselves is why do we get legally married? Why should women be brought up to dream about their big “princess” day when they get married, and list becoming a mother as their biggest achievement?

It’s about time for our culture to shed its religious traditions and move on. Women should have bigger dreams, and society should be encouraging real achievements such as entrepreneurship, scholarship, and creativity instead of a dream wedding and motherhood.

What is the message that’s sent to my daughter when she witnesses her mother never having to be gainfully employed? Are not both parties responsible for themselves? Are there not many federal laws that seek to eliminate discrimination based on gender? Why is marriage different?

I have paid both alimony and child support to my former wife for nearly 2 decades (though the alimony has now ended). My daughter is in college now, but I still pay child support, almost none of which goes to support my daughter. The law needs to stress personal responsibility for all people, regardless of their gender. My daughter should not learn that she can use her gender as a way to support herself because the law allows it.

I find it amazing and DISGUSTING the woman figured she was owed alimony just because she fell on hard times 25 years after the divorce.

When my parents got divorced in 1967, my mother got the house and went back to work as a grammar school teacher (the career she had before children). My father paid child support through college. That is fair.

A friend of mine got divorced 20 years ago. His wife had quit her teaching job as soon as they got married. 3 years and one 2 year old son later she decided she wanted a divorce. No reason, meaning he wasn’t cheating or abusive. He was in shock and just took what her shark lawyer came up with. Even though she had a 4 year college degree and was a licensed teacher: she got the house, half his retirement, child support and alimony FOR LIFE plus he has to hold disability insurance (so HER alimony won’t change if he can’t work). If he got a raise, HER alimony went up.

He was laid off earlier this year. He couldn’t get the alimony reduced until his severance pay ends. There is NOTHING fair about this. She could, and SHOULD, have gone back to work. At MOST, she should have gotten alimony until the son was in school when she could have worked at least 6 hours a day. Reduce the alimony until he is 18 then drop it all together. To make it worse, she guilt tripped the son to the point he didn’t want to spend any time with his father. She got so much of his income, he couldn’t even afford to pay a lawyer to enforce the visitation rights granted him the divorce. I’m not sure where he will get the money to pay a lawyer and get the alimony lowered now that he is unemployed or if a future job pays less than the one he lost.

Alimony is bull in our world unless there are health or age issues such that one person can not work. Where do women who have children outside of marriage get their ‘alimony’? They don’t, they get jobs and support themselves. Hopefully the father pays child support for their children.

I was wondering if your guests had anything to say about child support, as I believe men can be treated unfairly with that as well

Domestic violence in a marriage is one reason for seeking a divorce, and its effects can include a diminished earning capacity due to choices made during the marriage in order to remain safe. How does DV affect the application of alimony laws?

If one spouse works for pay, and the other spouse works at home … why should either one of them be guaranteed a “salary” if the other is not?

Alimony is like separation pay in an employment situation. It should be only enough to help get you to your next “job” for a short period of time.

The classic is one weeks pay for each year of employment. If stay-at-home spouses want to be treated like they were paid employees, then they shouldn’t get special treatment when the “employment” ends. Even current alimony policy is more akin to a “golden parachute” than equitable compensation.

Thankfully all this nonesense is soon ending. Marriage rates have halved since 1970 and will start approaching zero by mid-century. Men don’t want to play this rigged game anymore.

This is what happens when you s- the pooch. Thank you feminists and divorce lawyers!

“It’s about time for our culture to shed its religious traditions and move on. Women should have bigger dreams…instead of a dream wedding and motherhood.”
Posted by Tatiana

Sour grapes, huh? Have you thanked your mother for not taking your advice?

I am part of a happily married gay couple in Massachusetts. I am interested in discussing how alimony determination aught to be handled when a man and a man or a woman and a woman are splitsville. That being stated, sex is irrelevant to marriage and it aught be irrelevant to alimony. Earning potential, life situation/s, and children should be the considerations.
As for the amount of time. Shouldn’t we have a system automatically reanalyze the ex-partners life situations to determine a current need?

“Wow…these judges sound like criminals.”
Posted by btvdan

Hey, every job has its prerequisites.

I loved how the lady professor of law from U.Florida that they had on the show kept citing CURRENT statute and CURRENT case law. If we wanted a lecture on how things are structured currently (obviously they are broken) then we wouldn’t need any reform would we? Talk about the being the maintainer of the status quo.

stillin: If your husband is clearing $3,000 a week after taxes, how is the woman he is living with supporting him?
And what is he spending all that money on? If NY is a common property state, half of it belongs to you.

And if he loses his job, are YOU willing to pay HIM alimony?

Why not change the marriage contract to a more proper business contract since it is largely an economic union (and divorce is an economic disolution) and leave the rest to the church? If one party stays home to raise kids, it has a value. Once the kids need less time, if that party chooses to take dance classes instead of working externally, the pay is adjusted downward and if divorce happens “the style to which they are accustomed” is mitigated by what service to the union is actually provided.

That a working wife, represented by a lawyer, who agrees in the divorce settlement to forego alimony can come back decades later and receive alimony because she is in need (i.e. obtain welfare from the ex-husband instead of from the state)is grotesque. The parties entered into a contract as adults with legal representation. What rationale can there be for setting aside the contract, absent some initial fraud or incapacity on the part of one party. This removes all certainty from divorce settlement agreements (and maybe prenuptial agreements as well) and exposes each spouse to potential claims for the rest of his or her life. How can anyone make any decisions or plans (to remarry, retire, buy a home, etc) under such circumstances?

Staying at home with the children is a privilege. My spouse should compensate me for all of the important events and activities I had to miss while I was working to support our family.

Linda,
Not enough info.
- What were the reasons for the second divorce? I’m guessing it wasn’t real friendly or he would be helping you out.
- You think the second husband should support you until you get back on your feet. Do you have a time limit on that or should he pay forever? Not every divorced person receiving alimony tries hard to find a good paying job when the trough is guaranteed to be kept full indefinitely.
- You kept your house. In some states, half of it would have belonged to the second husband as soon as the words “I now pronounce you” came out. Of course, half of anything he owned before the marriage would have been yours as well.

I do sympathize with your position. Hopefully the economy will improve and you can find a decent job soon.

Alimony still exists, it is just called child support. As long as the courts don’t require that the money be spent on the kids instead of the mother spending it on herself (or spending none of her money on them either) it will be a form of alimony. Courts need to give fathers the right to have a major say in how the money is spent.

Yeah Maureen do it! Your divorce only happened back in ’92. That’s only 17 years ago. A man you haven’t seen in 17 years is obviously responsible for your well being on a continuous basis.

As for me, I’ve heard that my high-school girlfriend eventually become a Doctor, and is making a lot of money. I gave her the best years of my life (like 2 years in high-school). It’s only been like two decades since we lase saw each other. I am going to see if I can take her to court and get my hands on some of those doctor-monies.

Sound good?

When you divorce your husband you should get a ONE TIME payment of half of all property you co-owned during your marriage including all savings, IRA, 401K, house, etc. Cut it two ways. period. Absolutely nothing should be left out.

If you had children they should be cared for using EQUAL parts of that arrangement from each parent.

If you feel you sacrificed your career to be there for your children, too bad. You should not regret that sacrifice. If you do regret then what do you really value and what do your really deserve?

I was a stay at home dad for 3 kids for 14 years and picked up my career no problem. I value the years with my kids more than what my work would have brought me. We’re happier for it. That’s why we wanted kids in the first place!

Otherwise the system is rigged against men, marriages, and their children. Women are encouraged to be on the take in a sad situation that should instead be shared right down the middle!

Hello Tom,
A must read !!!!
Married for 26.3 years, everything was very well until she developed “Ultra High Rapid Cycling Bi-Polar”
In Vermont 15 years or more is long term marriage = Alimony for life !! which is 48.5% of my net income. Court said 1/2 of assets are to be split. It does NOT work that way at all, here’s why… My 401K had approx. 100,000.00 she was awarded 1/2, the money was not taken out… the market TANKED and the balance dropped to 11,000.00, but yet I still owe her 50,000.00 ?!?!?! that’s one problem, another is I have committed no crime at all, she walked out,and away from our life, house, and commided adultry twice . The kids are fully grown thank god !she didn’t want anything but money. She refused to negotiate anything other than “full extent of the law” which was 2500.00 a month and it is all out of my NET income.Tons more information but the jist of it all is there is a differance between Justice and the law.So then I ask “Why am I held accountable more than a criminal” ??? I will end up just stopping my payments, loosing my job, and giving into the Vermont laws by telling the court to put me in jail for the rest of my life…It’s the same thing. Our constitution states “We are all created equal”……but “we are all judged differently by each state” I understand life is not fair….but Vermont laws are irresponsible. All a person has to do in Vermont is be a women, married 15 yrs, and want a divorce, and she automagically gets her life/money handed to her with out any ramifications…NONE !!!!! my advise is…….do not never,ever get married/divorced in Vermont. Thankx for listening.

I am both a divorcee and would be a second wife but we decided to forego law and church at our commitment ceremony because of the attitude of the previous wife. After ten years of dutifully paying both alimony and child support during which his ex-wife established herself in a good teaching career, my “husband” was taken back to court for more alimony (the kids are grown). Need was very vague and the judge fell back on the justification that “divorce is expensive”. He is nearing retirement age, has worked very hard for all in his family, and should not be punished in this way for the rest of his life. The arguments for protection remind me of Alan Greenspan’s wonderful point of view on his economic decisions in the 90s which led to disaster: he neglected to factor in human greed.

Jeez, these stories are very scary, but reality tends to be that way. I’m 54, single, and thought I would like to get married, until I read some of these comments. Most men my age have been married at least once or twice, and most have kids, which makes things even more scary. Maybe this marriage thing isn’t such a good idea. I’ll rethink this. Maybe I’ll just stay single and get a couple more cats!

To appreciate the “Alice in Wonderland” world of the MA probate courts consider the following: A professional who had lived in MA for many years and always supported his kids was involved in a no-fault divorce. On demand of his wife’s lawyer, the judge entered an order prohibiting him from leaving the state. In effect, he was placed under house arrest indefinately! His lawyer agreed that the order was crazy and without any basis, but advised against appealing. As he explained it to me, members of the MA matrimonial bar are reluctant to challenge even the most out-of-line orders because their next client will be punished by the judge if the judge’s order is overturned.

Several posts talk about what the receiving spouse needs. That’s the primary factor in my state, but it shouldn’t be. It should be a limiting factor – no spouse should get more than they need. If one spouse wants to leave a marriage for no good reason, they shouldn’t be entitled to much support whether they need it or not.

PatsyS wrote:
“Jeez, these stories are very scary, but reality tends to be that way. I’m 54, single, and thought I would like to get married, until I read some of these comments. Most men my age have been married at least once or twice, and most have kids, which makes things even more scary. Maybe this marriage thing isn’t such a good idea.”

Far more so for men over their mid 30s. Too much to lose and far to little time to make up for losses in a divorce.

Women have a biological clock but men have an economic clock.

This marriage thing is a nasty business; it’s so murky and mucky . Many of these comments are genuine horror stories! Ellen, always the practical one, put her finger right on one strategy that can help: pre-nuptial agreement! I have been amazed over the years at how much love does not play a role in people deciding to get married. People often marry for more so-called practical reasons. And this is particularly a problem if one is marrying for love and the other for reasons that are not love. Those relationships are destined to fail. Another type (if both are in love) seems to often end with a reality that love did not endure; which, this inverse of love’s ultimate triumph and endurance seems to be more the rule than the exception. (There are a few permutations of those types of failed marriages, all of which mean the same thing when it is all said and done, no matter how much people hold on to blame). Marriage seems to be one of the biggest coin tosses of all of life’s endeavors.

My brother had two children in his first marriage. He divorced and remarried. He paid child support to his first wife and alimony. (They lived in Virginia, where, 27 years ago, the laws favored the woman no matter what.) His first wife was a terrible mother; she left the children alone a lot, had affairs that engaged in inappropriate behavior around the children, spent child support on her personal items for herself, etc. He only got visitation rights, which was a constant battle. She also made about the same amount of money as he. I don’t know who initiated the divorce or the behavior that led to the divorce, but I will say they didn’t deserve each other! But he also didn’t deserve what he got! Anyway, when his first daughter was 24 she had a medical emergency. My brother prepared to donate whatever he could, a kidney, blood….to make a terrible story a little shorter, it was found out that she was not his biological daughter. Some tests were run on his other daughter; indeed, she was also not his biological daughter. I would have sued (but then it wasn’t happening to me), but he decided not to (and they were both past the age of 18), worrying that the daughters he had known might feel abandoned, forsaken. I applaud his decision, and I am also glad the alimony stopped sometime soon after (I don’t know the particulars of why or how the alimony stopped).

I wonder, of the horror stories, how many sought true mediation and remained reasonable through the trauma of the divorce? And if not, if one felt betrayed in the loss, did he/she act out of some need for vengeance? It is interesting to hear some intone an expectation of some guarantee, or to hear someone expecting to be compensated for any and all poor decisions made over a lifetime. If someone did not pursue a career, except for the express purposes of raising children, i.e., if someone decided to play a non-parenting role simply because that is what the spouse wanted, that is a deliberate decision: a choice. Breach of contract, so to speak, should only be valid if the “contract” were legally drawn to include something like ‘will forego all manner of improving/developing career choices for the sake of the marriage.’ Any of what was built/acquired in a marriage, however, that was the result of the efforts of both parties, needs to divided as evenly as possible.

That said, the spirit of agreements, whether tacit or openly expressed in promises do need to be considered in settlement.

You want to reform the laws?

Here:

http://massalimonyreform.org/

Something I note here is the belief by those who support alimony that it is an “entitlement” for their sacrifices. Don’t think for a minute that this card isn’t in the playing hand of wives as they conduct themselves during their marriages. My ex-wife treated me like my entire purpose on this earth was to provide for her. For 26 years she belittled me, refused to have a family by aborting our children, refused to work and contribute to the household. Anytime I would suggest to her she change, she stomped her foot on the floor and said “your my husband, it’s your job to support me and if you ever divorce me, I’m going to take you for everything your worth”. I did and she did. The state needs to get out of our private lives.

There is only one effective way to avoid paying alimony. Don’t get married.
I advise all people to take my advice. It’s worked for me so far.

… as such they should be accorded the same legitimacy (or lack thereof) as fiery-eyed, deranged, fatwa-issuing clerics.

A man’s rights in the contemporary US family-law system are analogous to a woman’s rights in Saudi Arabia.

Namely NONE!

I’m 39, never been married and never thought of it as a goal or a particularly good way to live. No matter how well you get along with someone you don’t know how you’re going to feel in the future, so why make vows? People should be able to enjoy their time together without the whip of legal obligation beating them down.

Most of the people I work with are married. Can’t say I envy them at all. Don’t know what they think of me as a single guy. I doubt they care, but if they do that’s not my problem.

I was married to my ex for 27 years. Found out he had been cheating on me for 24 of those years. Although he had held an executive job for many years, he quit when our children were in elementary school and refused to get a job. I worked full time and did the majority of child raising. I got a divorce on grounds of adultery (not granted lightly in MA). He got alimony until he remarries. Of course, he lives with his girlfriend in her house and will never get married. I have told both of my daughters NEVER GET MARRIED!

In today’s legal & social structure a yung man that gets married is at great risk for financial destruction. I am encouraging my son to never get married. Enjoy what woman gives you but never marry them.

david

Ed, you have no conception of how much I envy you. Had I known then what I know now, I would be you. My choice would have been no relationships at all unless they involved sitting in a business meeting or hefting a bowling ball. Otherwise, fuhgetaboutit! Misery, thy name is marriage.

I am stuck in a permanent alimony case in South Carolina. I recently retired from a grueling job with 11 and 12 hour days at age 55 after 33 years on the job. I have had prostate cancer surgery, heart surgery, and have been out of work for months at a time due to back injuries starting in 2000. I finally had to retire because I could not physically do the job anymore. My ex now makes $900 more per month than I do, as she not only gets alimony, but almost $700 of my retirement. I was able to get my alimony reduced from $700 per month to $425 per month. However, while my income was reduced by 30%, me ex actually got a $400 per month raise. The judge stated that I should still be able to work. I did not retire in order to go back to work. I am unable to hold down an 8 hour job at this point, but because I could not PROVE that I was unable to without a doctor’s testimony, my alimony payments were not allowed to totally end. I was under the impression that the alimony would end at my retirement and insisted to my attorney that I would not sign any agreement without that stipulation in force. Well, I later found out that my alimony payments were left open to the court’s discretion as to whether or not my alimony would ever end. I have the rough draft stating that I would not accept anything less than alimony ending at my retirement. I thought that was the way it would be. My attorney tells me that because my ex would not agree to that the judge had to leave it open. What about what I would not agree to? I am now stuck with alimony the rest of my life. The costs of going to court and paying my attorney is draining what assets I have accumulated ove 33 years. This is a never ending nightmare. I cannot plan anything because I never know when I will have to go back to court and pay more costs. I also have to pay most of my exe’s attorney fees. This is absolutely not fair! It is equivalent to slavery. I would not advise anyone to get legally married in South Carolina without a prenuptual agreement stating that any alimony would be limited to 5 years. I have already spent over $100,000 in the last 10 years in alimony, not including court and attorney costs. I deserve some peace of mind by knowing that this will end at some point before my death. It keeps the payor in constant limbo, wondering when the ex will come back at some point in her life wanting more money. These alimony laws need to be changed nationwide.

Based on the things I am reading here, some of them horrific like Doc Holliday’s piece, it is further crystalizing my view that marriage itself is an unnatural, dangerous and unhealthy state in which to live one’s life. If it works, it’s fine. If it doesn’t, it is hell even when dissolved. There may not be a more potent cause of misery on the planet, save perhaps for waterboarding. I will always counsel against it.

I have custody of the sole child from the marriage. I am responsible for all his daily needs and costs. I didn’t need a court to tell me that. I am responsible for him until I die, and if I plan my finances correctly, he will also be taken care of after I die. So, please don’t confuse child support with alimony. Two very different topics.

My ex, who has a college degree and is 100% healthy, gets $500 per week in alimony. She and her boyfriend go on trips regularly. Her parents are rich, and she will get a large amount of money at some point, but none of that will be factored in, nor will her alimony be reduced should I get laid off. Divorce in MA is abusive to the higher earning partner. Statistically, half of you reading this will end up divorced, so you may want to give a damn about it now before you too become a victim.

$500 per week for a healthy college educated woman is abusive towards me because it affects how I can live my life going forward. All because I live in uber-liberal MA. If I lived 10 miles north, NH, no alimony. Can someone explain to me how that is fair?

If you live in MA, please contact your state rep as shown in this list. Let them know your opinion on alimony in general and whether or not you support HB1785, a bill to regulate alimony fairly.
http://www.mass.gov/legis/city_town.htm

When families are being financially devastated and innocent people are locked up in jail, something has to be done. People shouldn’t have to serve time in jail as a consequence of financial hardship.

At the time of my divorce, I was a successful business owner. The family courts wiped me out financially, resulting in me having to fire all of my employees, affecting their families as well. I lost my home and ended up bankrupt.

It has been even worse for my ex-wife. She has been encouraged not to become gainfully employed and not to get married, because both would result in a potential loss of alimony income.

This is the 21st century and we’re dealing with a system developed in the 18th and 19th centuries. Alimony should be a “hand up”, not a “hand out” free ride entitlement for life.

My family endured an 8-year legal process thanks to the current alimony system that was detrimental to the State, me, my ex-wife and most importantly our children. Let’s fix the system.

Women when you can’t find men to marry unless you have a career or college degree don’t complain about men. Who in their right mind after reading the horror stories about alimony would ever marry a woman who is not already educated or has a very good career? When the stay at home Mom is extinct don’t complain. You don’t think it’s already happening the America family is already well on the way to extinction maybe we should add the America family to the endangered species act as well as the Stay at home Mom. Equal rights for all men and women. Equal responsibility for all men and women. State’s stay out of the America Families you are destroying what you are trying to protect.

It sounds like American marriage is a king of “American roulette,” the economic equivalent of the Russian roulette where you shoot the pistol at yourself and see if you have the bullet or the blank. You know, I always thought the tough part was the emotional coordination between the two and its prospects down the line.
It is vivid in this economic climate that Americans can get tossed from one status quo to another, if not by employment and skills, then by divorce. For the nation, this is probably not bad. It works against the division between the rich and the non-rich, the married and the non-married. (“Are you a card-carrying spouse? No? Here is the fortune teller who can read your palm and tell me how you will link up; let me watch and I’ll decide whether to befriend you.”)
Living “in the manner one has been accustomed to” was the sort of motto of a certain women’s college in the 1980s, boosting themselves from educating aspiring wives to educating people able to climb for themselves as well. This might be good from the point of view of alumnae contributions but not for diversity of those who come, nor diversity of what they achieve.
I think it’s healthy for the body politic for people to live hard-scrabble, gain an understanding, make connections, then live off the fat of the land, gain an understanding, make connections, then revert, then revert. It’s the opposite of gated community, frozen aristocracy (which is why many Americans left nations of origin, I believe: Opportunity).
I have been wondering whether men who get “raped” in divorce courts are the ones who then set out to “rape” (see the above posts for the term) the system as a whole, not caring at whose expense they make their next “killing.” I’ve heard about California divorces, which I believe are particularly draconian.
A man maltreated in his divorce (or woman?) ends up with collapsed economic morality thereafter, seeing that the system works that way, everyone launching as far above the rest as possible, and at the expense of no matter how many, because it certainly has happened to you and may happen again.

The single biggest threat to my family is the State of Massachusetts. The single biggest treat to my family’s financial future is the State of Massachusetts. The single biggest threat to my freedom is the State of Massachusetts. What does this say about Massachusetts! If I become unemployed the State of Massachusetts will force me to make poor financial decisions or go to jail. Why can’t these lawmakers understand the pain and suffering and added stress to my family is a direct result of these antiquated laws? My most financially productive years are being stolen from me and there is nothing I can do about it these years cannot be recovered in my lifetime. My children’s future inheritance will suffer the consequence of these laws. This is creating hate within my family and the community at large. How can you defend lifetime alimony when you divorce at age 40 and are force with the treat of jail to support someone else against your will?

Welcome to Massachusetts!

The state where murder-2 gets you 14 years, but divorce gets you “life”.

millard-fillmore -
The “compulsion and force” that you mention comes into the equation, not during the marriage, but during the divorce. We have laws on the books that force one divorcing party to financially support the other, for life, even if it was that other party who is breaking-up the marriage / filing the divorce. If the they say no, the State screams “CONTEMPT OF COURT!” and arrests that person, and puts him in prison with Bubba.

The anger and bitterness is directly resulting from the this state-sponsored coersion/forcing/compulsion. It’s state-sponsored terror pure and simple, to use your mid-east peace example.

Thank you for bringing visibility to the need for changes to Mass alimony laws!!! I have retired and have a great case to go to Mass court to eliminate alimony payments since I do not have a job and I am over 65. However, based on court cases it seems the Mass courts will still demand that I continue to keep paying alimony!!!

HB1785 does a great job of making clear the time limits and conditions for alimony. If this bill 1785 passes it will reduce state and individual courts costs!!!

I live in Massachusetts. I’m 52 years old. I have a lifetime of alimony payments to my ex-wife. Our divorce agreement mandates it, and there is no end date.

She absolutely deserves my financial help to get back on her feet, but she’s not getting back on her feet. She doesn’t have to, she now has a lifetime entitlement. She has no incentive to go to back to school, get a job, make it on her own. She can ride my coattails until one of us dies.

Massachusetts laws for alimony go back to the 1800′s when women simply did not work. By today’s standards, it’s simply not fair.

I read the WSJ article & listened to most of the NPR show… and it really freaked me out. I am a second wife… I am so in fear of the first wife that I won’t even share our story because I’m sure it would be used against us in some way. She haunts us at every turn. Just want to say…
I SUPPORT HOUSE BILL 1785! Please!

What is Alimony for??? The word should be changed to Job training funds, 4 years and thats it. After getting 50% of the assets and Child support, only job training is needed. What lessons are we teaching our children by divorcing so easily, that when things get tough, quit…..don’t try to work things out when times get hard? Its time to take responsibility and show our children the truth, that problems come up in life, nothing is easy, you are going do disagree, you are going to not like many things that your spouce does……so what…If two adults have children they should be held to a higher standard of compromising than divorce, they owe that to there children. We need to take away the alimony incentives and then see how fast people get divorced!!!!

ITS TIME TO MAKE THIS IMPORTANT CHANGE CHILDREN ARE SUFFERING!!!!!
PASS HOUSE BILL 1785 in MASS.

The time has come to make Massachusetts Alimony laws fair for all involved. Whether it be man or woman, Alimony should only be payment for a period of time to allow a spouse to support themselves. Four or Five years should be a sufficient amount of time for a person to get educated and get a job.
After 18 years of marriage supporting my wife and her two kids from a previous marriage I now have to pay her Alimony for life! I have worked hard all my life, got a good education and a good job, while she worked part time with no education. My divorce agreement gave her half of my retirement savings, and I still have to pay Alimony beyond my retirement age. Is that fair? The laws in Massachusetts need to be modified by passing House bill #1785 which is fair for all. It’s time that the state of Massachusetts abolished the old laws and approved a law that makes it fair for men and women.

Member of the “Mass Alimony Reform”
BOB

I get the impression that I would see people walking around in pilgrim clothing if I go to Massachusetts! Man, that sounds brutal up there. Do they still do the floggings? How about the public stocks?

The America Father should be added to the Endangered Species Act. Who in their right mind would ever want to expose themselves to the Probate Court System? Legislature marriage rates are dropping fast you are endangering the America Family. Fathers cannot afford to make the decision to raise the children first and put them first because the lifetime liability of alimony. I have three grown children two sons and a daughter. None of my children are married and don’t want anything to do with marriage. My daughter’s is the higher income spouse in her relationship and say’s why get married and risk alimony now if he wants to leave then leave. Shameful I would love to see my children enjoy the American Dream Family and home ownership but it is unlikely.

Perhaps the whole structure of marriage, divorce and alimony needs to be rethought at the Marriage License level with an outline of what the lifetime ramifications are. If couples to be were well informed that the minute they put their signature on a marriage certificate they were committing themselves to lifetime support of their new partner. If men understood that when they agreed to support their wives efforts as a stay at home mom and homemaker, they were taking on the responsibility of keeping her in the style of the marriage until his death or her remarriage, it might give them pause for thought. If a woman chooses to put her career aside to raise children, she should realize that there will be a career rebuilding period. Financial education of the responsibilities of marriage should be a must.

Finally, I was a stay at home Mom and I will agree that keeping home and raising children is one of the greatest and most challenging jobs a person can ever do; but we seldom hear the benefits. No commute, walks to the park, first smiles, picnics at the beach, free time while the children are in school to go to the gym, and the smile on your child’s face when they come through the door after school. I will contrast that with what my children’s father experienced to provide enough income so I could stay at home; 1 hour minimum commute, long hours at the office, frequent travel, high-stress, constant pressure to keep his income increasing to support the family alone, coming home late and not having the energy to enjoy his children. My husband sacraficed as much if not more than I did to enable me to stay home for the benefit of his children, not his career – should he have to support me for life should I chose to leave him? I think not!

This was an excellent and informative program. On Point is to be complemented for covering this very important story. In Massachusetts, the proposed bill HT 1875 is an eminently fair and reasonable revision of our horrific current alimony system. The shameless attempt by divorce lawyers to de-rail HT 1875 by proposing a counter bill (SB 1616) that simply perpetuates the status quo only serves to undermine the overwhelming public interest that would be served by REAL reform. Thank you On Point for shining a light on this issue.

Here in Oklahoma we have been pushing for the passage of HB 1053 which would provide the court with criteria for awarding Military Retired/Retainer pay. As the current legislation stands, Judges are automatically awarding retired pay for LIFE to a former spouse regardless of circumstances or merit. Former spouses can remarry and still recieve monthly payments. There are cases of ex spouses that have married multiple service members for mutiple LIFETIME awards. Military Retired/Retainer pay is NOT a PENSION. It is a reduced current wage for reduced current services. Ther is no monetary contribution by either party. The military member must serve 20 years. Less than 20 and entitlement to benefit. There is no minumum time for a marriage to last to qualify. Family law attornys are even going after VA Disability payments as marital property in violation of Federal law. Military retirees are subject to recall, UCMJ,employment restrictions, criminal convictions, citizenship in order to recieve retired pay. The former spouse is not obligated to these conditions or restrictions to collect a portion of the military members retired pay. I hope Mass is successful in the passage of HB 1785 as will Oklahoma in the passage of HB 1053.

The two co-signers for SB 1616 listen to their comments and I quote:

“But for their spouses, they wouldn’t be where they are today,” she says. “They brought up their children or helped with their businesses or entertained their associates.” Sen. Creem.

WOW scary, like all men sit on the couch and demand bring me a beer! And entertain my friend’s woman! I would have gotten a beer alright, rightupaside the head!

Second co-signer of HB 1616:

“I think of a spouse who may have been in a marriage for 30 to 40 years and spent the entire time as a homemaker, raising the children. You get into your 60s, it’s pretty tough to say you’re in a position where you can support yourself,” Peish says.

Rep. Peish

Covered in HB 1785 you would pay alimony for life! And likely should! Scare tactics. Two lawyers that want you to spend hundreds of thousands of dollars on litigation over your lifetime just to get relief.
Men in Sen. Creem and Rep. Peish’s districts are they representing you fairly? Women who are the higher income spouse are they representing you? Obviously they are representing themselves and their law constituents.

Gone is the innocence of childhood at the hands of government’s insistence.

Under the new curriculum, pupils as young as seven will learn about puberty and the facts of life and five-year-olds will be taught about parts of the body, relationships and the effects of drugs on the body.

Once they reach secondary school, pupils will learn about contraception, HIV and Aids, pregnancy and different kinds of relationships – including same sex unions and civil partnerships.

Now, on alimony, some aren’t so sure. It’s not Ma and Pa Cleaver splitting up anymore. So true, how do we teach them the fairness of lifetime alimony?

I’ve been a batchelor all my life and have never regretted it. After reading these comments I’m more convinced than ever that I’ve made a good decision to stay single.

marisa:

I’m sorry that you’re disabled, but you don’t need to continue getting alimony for life from your ex-spouse. At some point, you need to be an adult and take care of yourself. There are jobs that a disabled person can perform. There is also a social safety net in the form of welfare or SSDI/SSI.

For as long as you continue to collect alimony from your ex-spouse, you increase the possibility that he will be sent to jail if he loses his job and can’t pay you. I know that you’d take him to court if that happened. I can tell by the tone of your post. You are also harming him (and his new family, if he has one) financially and spiritually.

You should let go of this so that you can both move on with your lives.

The government has showered billions upon billions of taxpayer dollars on financial institutions in the form of bailouts. In other words, working people, who are bearing the brunt of the crisis, are being required to shoulder an additional burden. Our tax dollars are being funneled to the very financial institutions and wealthy investors whose reckless gambling in pursuit of unbridled profit was responsible for driving the economy over the cliff. They have refused to say what they’ve done with trillions. Worse still, to emphasize their contempt for public opinion, these priests of high finance have spent some of the bailout money on huge bonuses, office decorations and the purchase of more CEO jets. In the meantime I have to sit here and figure out how to come up with my ex spouse medical insurance on top of giving up half of my pay, while she also works. I got no @*!! bailout. All I got is a lifetime of doing this s$@!

Don’t forget what Senator Creem said. The CEOs, just like Divorced Women, have made many sacrifices “entertaining their associates”.

For these sacrifices they must be paid not only when they are actually doing the job (i.e. when married) but they must be paid all over again long after the job is over (decades and decades after the divorce).

I think the CEOs call this a “Golden Parachute”.

Alimony for Divorcee == Golden Parachute for CEO

It’s salary that you get after the salary you got the first time!

I was married throughout my 20 year USAF career and part of my short career in the aerospace industry. At about the 26 year point of the marriage, she decided that drinking and partying was a better life style. She found a guy on the side. I pushed for counseling. Fat chance. No repair of the marriage after lots of bucks there. Off to CA divorce court. Lo and behold; her morals count for nothing. She got a house fully paid for; a fairly new car all paid for; half of all our assets; Survivor benefits from pension; free healthcare; free commissary/exchange benefits, 50% of my USAF pension (community property) for life AND 20% of my aerospace pension. I got one child left over plus 2 grand kids to raise all alone.
This latter circumstance cannot be valued in dollars; would not trade for the time with all the kiddos. BUT – - for the rest of her/my life???? She has been living with the boyfriend all these years and living off his income and touring the world on CA’s and my contributions. There needs to be an end, even if there is a beginning.

Women got what they wanted. They can work, and run the world. Men can put their feet up. Don’t fight it. Enjoy it. They wanted to be in charge, now let them stew in the fire. Hahahaha!

The Divorce Laws are severely broken and skewed only towards women. Just today, the statistics are 75% of the job losses are for men. Yet, the men are under the onerous burden of paying alimony. And, it seems the courts are resitent to changing alimony (and child support). The courts seem to assume ALL men are trying to hide income and are purposely working at lower paying jobs.

Why should a woman get alimony for life? How many women refuse to remarry so that they can continue to recieve alimony? (alimony frequently ends when the one receiving alimony remarries – where’s the motivation to get off alimony?)

I think the laws and courts need to face the new societal situations and change alimony. At most, the alimony should only be a bridge till the non-working partner has time to re-enter the workforce (probably no more than 3 years).

Child support laws are broken even more. However, I will stop here.

By the way, the 2nd Wives Club founders, Deborah Scanlan and Jeannine Hitner are heroes for leading the charge. They are the modern-day Joanne of Arc.

What payment do the men get for their sacrifices?

You get to pay for your ex-wife and her live-in boyfriend, while they live in the very house you built.

You get to be a government-mandated cuckold. Doesn’t that sound like fun?

Congrats on your divorce, your are now a working whore for life. You will now be working for your pimp for life. Just remember, if you remarry, they will be inducted also.
Dont feel bad they may name something after you as they did Brigham Young. At the time of his death on August 23, 1877, Young had married 56 women–19 predeceased him, 10 divorced him, 23 survived him, and 4 are unaccounted for. Of the 23 who survived him, 17 received a share of his estate while the remaining 6 apparantly had non conjugal roles.
Your pimp will be responsible for making sure your scores will be on a timely manner and to make sure you are not slacking off. You are no longer a free person or your partner. If you need any advice on tricks, kindly go out and ask your local streetwalking whoremonger.

I’ve thought this for awhile. They’re never gonna end alimony for life. You’ll go into buy a hamburger and a machine will show you in the red and you’ll starve. No more gambling, no more drugs, no more hookers, nothing that can’t be controlled, that’s the vision.

By the time it happens the public will love it, they’re well on the way already self programming themselves with a lot of help from the ‘masters’.

This is a ways off though, we might as well have a few nukes coming first.

Dear colleagues,

Should it continue to be legal for a male rapist or male sex-offender to collect federal checks for the, “rest of his life on earth?”

This is my question… Currently, under this law (USFSPA), no attorney can dispute what I am saying. Regardless of their GPA in law school or which law school they attended.

Formerly married to a female, combat war veteran for at least 24 hours the male, civilian husband is also allowed to have beat up his daughter and put her into a wheelchair for life. Now that is wonderful and these attorneys encourage keeping a law like this? It makes them proud to know they support female combat war veterans like this???

Any attorney who would like to discuss this on Larry King and state to the American public that they support a law like that should be reported and black-balled under ABA ethics codes. An attorney like that is only interested in the millions of dollars these SEX-OFFENDERS and RAPISTS and FELONS are collecting. They get a portion of the federal money. Consider the facts of murderers collecting these federal dollars off of Oklahoma veterans – it is legal to do so.

Just as it is legal to be on the National Sexual Offender Database Registry and collect a Federal Check for $3,000.00 per month and only have been married a short time.

Does it make you proud to find out about this loophole in the law? Knowing the truth that the Defense Finance and Accounting Service Center (DFAS) has not released the list of names to law enforcement authorities to properly analyze and expose those being protected – in a shroud of Oklahoma secrecy.

Martin CJ Mongiello, MBA
CEC, MCFE, CHM, CPFM
CSCS (SS/SW), USN, Ret.
A former Presidential Aide to the White House Military Office

Read more: http://newsok.com/military-retirement-bill-draws-fire-in-oklahoma-legislature/article/3361341#ixzz0WYpN75O7

I worked a 50-55 hour week and then sold insurance on Saturdays because my wife chose to stay home with the children. I finally asked her to go work when my two girls were teens so I could have some time with the kids. She alway found a way to make me feel like it was better for her to be home. I was totally exhausted after 12 years of this. I am now retired and paying permant alimony and spending so much money on court costs and attorney fees (including hers…ordered by the judge)until I am using the money that I saved for retirement. I lived frugally to save as I could save nothing when married to her. When she left, even with paying her $700 per month in alimony, I was able to save more than I ever did when she was home. The judge bases it on my “ability to pay”. Well, Bill Gates has the “ability to pay”, so why not let him pay her. Its time to change these alimony laws nationwide and reduce permanent alimony to no more than 5 years…or at least no more than 10. The ex that is paying deserves some peace of mind.

Alimony is an “Entitlement” mentality, which is problem in this country. Why work if I can get something for nothing? My husband is getting dragged into court to pay alimony to a woman who makes $90K/year, and has a million dollars in retirement assets. So we’re NOT talking about a woman who is not economically disadvantaaged. What makes matters worse, I as the 2nd wife, my income is being included in the factor of his “ability” to pay. All this is without her having a case for “need”! (Seriously? she should have to clean my bathroom and rake my leaves if she’s going after MY money! Heck, its the least she could do!)

CAUTION TO ALL MEN AND POTENTIAL 2ND WIVES – DO NOT GET MARRIED IN MASSACHUSETTS!!!!

All,

Let’s get out of the 20th century, woman are being stuck paying alimony to men too. I have to pay lifetime alimony including 1/4 of my annual bonus while he lives for free out of state with a brother. I have 2 children full time and pay 1/4 of my salary, hold down a full time job and be the 24/7 caregiver. He sits around and plays games of facebook and only calls to find out where his money is (if it isnt in his account by noon on the due date) and reminds me, agrily, how this is his only source of income so dont be late. After trying to get alimony reduced due to his cohabitation, it was dismissed because it has only been 10 months and is “temporary”. So lets realize that this unjustice is not for men only. It’s wrong for anyone to be put in this situation.

“Clear and substantial” major damage to federal interests.
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There is “clear and substantial” major damage to federal interests when state court judges make lasting decisions that seriously impact and complicate the Veterans Administration goals. Upsetting, by overruling the medical decisions, and the many hours of work that VA medical care professionals have invested in rehabilitation of disabled veterans, all this when a state court arbitrarily is allowed to take away a veterans VA disability compensation in third party alimony awards in violation of…..
38 USC 5301. Nonassignability and exempt status of benefits, and….
38 USC 1155 “Authority for schedule for rating disabilities.
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Now, “.. an argument may be, is that the veteran’s disability rating has not actually been downgraded. No one has actually decreased the VA predetermined rating. In this situation, the judge is merely apportioning it after the fact.”
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This maybe true, however, based on the fact because the rating and compensation are directly tied to each other. Sure the rating may have not gone down, but to a veteran his disability compensation payments is contingent upon what VA medical professionals determined the disabled veteran should be compensated for, forgetting for the moment, any rating system. To the veteran who loses any portion of his compensation payments, he considers his rating has been downgraded. Because, now his VA rating is meaningless. After all, a veterans health and well being are now in jeopardy. A “ cause and effect” situation. We just have to stop this nonsense that’s happening in state courts.
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Which brings up the question, how can state court judges in violating, 38 USC 5301, 42 USC 1408, arbitrarily award as alimony, a portion of a veteran’s VA disability rated compensation, and waive away, by reviewing the disability rights of veteran whose disability rating that maybe determined and factored in as critical? Judgment as if all disabilities are exactly the same. State court judges, playing doctor, a practice forbidden by law, border on medical negligence, overstepping those whose authority it belongs, in the practice of medicine, re-evaluation, and rehabilitation of the veteran, and VA medical professionals. In direct violation of 38 USC 1155, “Authority for schedule for rating disabilities.” “…, [I]n 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.” Reduced readjustment in a rating schedule, in the taking away money’s used for the recovery and rehabilitation of disabled veterans, and handing it over to a healthy third party. Was it the intent of Congress that judges substitute their judgment for the judgment of VA medical professionals?
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I now wondered, if state court judges are allowed to take away a veteran’s disability compensation without a medical license, or medical knowledge? How does the Board of Veterans Appeals, who are continually faced with determining a veteran’s disability compensation, or other medical claim, adjudicate these medical questions?
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§ 20.101 Rule 101. Jurisdiction of the Board.
“…Medical determinations, such as determinations of the need for and appropriateness of specific types of medical care and treatment for an individual, are not adjudicative matters and are beyond the Board’s jurisdiction….”
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Even the Social Security Administration… has medical evidence standards they must follow.
42 USC 423 “In making any determination the Commissioner of Social Security shall make every reasonable effort to obtain from the individual’s treating physician (or other treating health care provider) all medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.”
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State court judges in awarding a veterans’ VA disability compensation as ‘income’ in a divorce, show an indifference to veterans’ and their serious medical needs. The deliberate intrusion by state courts into federal issues and laws, ruling arbitrarily by awarding VA disability compensation to a third party is unwarranted. They are required to obtain advisory medical opinion from medical experts, just as required by the Board of Veterans’ Appeals (BVA), and as well, as in all other civil litigation.
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Judges, rule arbitrarily that they have the right to award VA disability compensation to third parties. The right to play doctor. Because of this, these judges have taken on the responsibilities of a medical doctor, and ruled as a doctor. Contrary to the veteran’s reliance on 38 USC 5301, and because of the disability of the veteran, they have, by their judicial proceedings determined the disabled veteran is incapable of caring for his or her own interests. Due to a veterans’ disability, and their authority as judge in ruling, awarding of VA disability compensation to third parties. The reality is, the state court judge has taken on another responsibility, and became the veterans’ legal guardian, his “ward”. Another disabled veterans’ right, that of being able handle his or her own rehabilitation now has been taken away .
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The legal recommendation of the VA’s own General Council in medical determinations, and questions, that are beyond the knowledge of those not in the medical field.
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38 CFR 20.901 Rule 901. Medical opinions and opinions of the General Counsel.
“(d) Independent medical expert opinions. When, in the judgment of the Board, additional medical opinion is warranted by the medical complexity or controversy involved in an appeal, the Board may obtain an advisory medical opinion from one or more medical experts who are not employees of the Department of Veterans Affairs. Opinions will be secured, as requested by the Chairman of the Board, from recognized medical schools, universities, clinics, or medical institutions with which arrangements for such opinions have been made by the Secretary of Veterans Affairs. An appropriate official of the institution will select the individual expert, or experts, to give an opinion.” (Authority: 38 U.S.C. 7109)
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VA Can’t Base Denial on its Own Medical Judgment Colvin v. Derwinski, 1 Vet. App. 171 (1991) “Colvin stands for a now deeply embedded and fundamental principle of veterans law—the VA may use only independent medical evidence to support its benefits decisions. The VA may not use the medical opinion or judgment of the VA rater or BVA Veterans Law Judge to support a decision”
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“…before a state law governing domestic relations will be overridden, it “must do ‘major damage’ to `clear and substantial’ federal interests.”
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“Clear and substantial” major damage to federal interests occurs when, in attaching, or “considering” for any offset reason, the VA rated disability compensation benefits of disabled veterans by judges practicing in a field where they have no expertise. The expertise that VA doctors, and VA healthcare professionals are required to have in order to determine the appropriate medical procedures, and the proper disability compensation payment in order to rehabilitate, with a medical degree of certainty, that would ensure a disabled veteran return to a healthy meaningful outlook, and enjoyment of life, and independence in daily living.
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“Clear and substantial” major damage to federal interests occurs. When the work of the primary medical care provided by Veterans Administration medical teams to disabled veterans’ has been compromised by activist state court judges. Readjusting the VA’s predetermined medical disability payment rating schedules, by court order to lower VA payout levels. Attaching these just acquired disability compensation benefit payments as alimony awards, by judges practicing in a field where they have no business practicing. Doctors do not attempt to practice law. The expertise and knowledge of VA doctors, and VA healthcare professionals are required in order to determine the appropriate medical care, and disability payment compensation in order to rehabilitate, with a medical degree of certainty, that would ensure a disabled veteran return to a healthy meaningful outlook, and enjoyment of life, and independence in daily living.
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“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.”
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As described, it is overtly clear that disabled veterans “fundamental rights” through state court action, violate the 14th amendment of the U.S. Constitution, and many federal laws to protect the veteran, i.e., 38 USC 5301, 38 USC 1155, 10 USC 1408, 42 USC 659. Finally, 42 USC 1983, “Civil action for deprivation of rights. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State.. subjects, or causes to be subjected, any citizen of the United States… deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, … or other proper proceeding for redress,..”
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State court judges may have adjudicated the normal “due process” in the distribution of income, however, this is only one part of two (2) separate “due process” issues in divorce proceedings. This is not just a one “due process” fits all situation, as state court judges may want to think. When a veterans disability compensation is court ordered as part of any alimony distribution, before the “consideration” of service connected disability compensation, as part of any alimony award, there is a separate “due process” right, to fair adjudication of a veterans’ claim for disability compensation benefits. This has not been done. Entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment to the United States Constitution.

PHILIP E. CUSHMAN, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, August 12, 2009.

http://linehanpc.com/vadisabilityclaim/cushmanvshinseki.html

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It is well established that disability benefits are a protected property interest and may not be discontinued without due process of law. See Atkins v. Parker, 472 U.S. 115, 128 (1985); Mathews v. Eldridge, 424 U.S. 319, 332 (1976)
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Veteran’s disability benefits are nondiscretionary, statutorily mandated benefits. A veteran is entitled to disability benefits upon a showing that he meets the eligibility requirements set forth in the governing statutes and regulations. We conclude that such entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment to the United States Constitution.
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Major damage “clear and substantial” to disabled veterans. There are two ways to stop this.
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(1) Challenging state court judges as to their misguided belief that their knowledge of law qualifies them to practice in the field of medicine, of which they have no knowledge, by overruling VA disability compensation decisions. Court rulings that lack the requisite expertise to draw conclusions that test the assessment, evaluation ,and reasonableness of the weight given by VA doctors and medical professionals in allocating proper VA disability compensation payment levels.
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(2) Because of these illegal state court actions, write to Secretary of Veterans Affairs to question those VA policies that are in violation of federal law which ignores compliance to a legal process which serves to protect the interests of the disabled veteran. Sec. 5301.“Nonassign- ability and exempt status of benefits.” Questioning why the VA continues to approve rubber stamping illegal state court ordered judgments, to reapportion, and therefore reduce a disabled veterans VA compensation payments in violation of federal law for alimony purposes, by a state court judge playing doctor? 4 USC 581.305 (c) “…the governmental entity shall inform the party who caused the legal process to be served, or the party’s representative, that the legal process will not be honored.”
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Most likely this will be turned down by the Secretary. Now, you are on your way to the Federal Court of Appeals for Veterans Claims. Your next step you will file a Notice of Disagreement (NOD) with the Secretary. The VA will deny. You then file with the Board of Veterans Affairs (BVA). As well the BVA will deny your claim. The process now gets to were you want to go, and that is the United States Court of Appeals for Veterans’ Claims.
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You have NO clue what you are saying when it involves a disabled person as myself and cannot stand for more than 10 to 15 min at a time nor sit down for the same. This is what is wrong now The ignorance of uneducated persons on the stats and FACTS of true Disability!!!