OFFE NEWS

PRESS RELEASE:

November 13, 2020

ATTORNEY CARSON TUCKER WINS $72,s000 RESTITUTION FOR COMBAT DISABLED VETERAN TO BE PAID BY EX-SPOUSE

As you may remember, on April 29, 2020 the Michigan Supreme Court unanimously ruled in favor of the absolute Federal protection of veterans’ disability compensation in a divorce settlement. In Foster v. Foster, the court ruled disability compensation is federally protected under 38 USC § 5301 and cannot be used as a funding source for a veterans’ obligations in divorce proceedings.  On remand the Michigan Court of Appeals ruled that state courts have no subject matter jurisdiction to force disabled veterans to dispossess themselves of their federally entitlement to disability pay that they earned in the service of our nation. This ruling comes after more than 2 decades of illegal court orders administered by state divorce courts nationwide. 

Now, Attorney Tucker, went back to the lower Michigan court has won restitution of $72,000.00 to be paid back to disabled veteran Ray Foster. Foster had been ordered (with the threat of jail) to pay$812.00 a month from his VA disability compensation & Combat Related Special Compensation to his former spouse as a property settlement. When Foster refused to pay he was jailed. Although the lower court has now ruled Foster is entitled to restitution, they denied the motion to pay attorney fees. Stay tuned. The lower court is the one who violated the Federal laws which protected Foster’s disability benefits in the first place. Therefore, the court was responsible for the need for Foster to hire an attorney.  Foster’s ex-spouse has 90 days to pay back the $72,000.00, or face interest being added to the restitution amount.

This ruling paves the way for disabled veterans to seek restitution for the monies they were forced to pay (by threat of incarceration and contempt) for alimony, child support, and property settlements.  Congress has appropriated the tax dollars Americans pay for the care of our combat disabled veterans to be used for that purpose and that purpose ONLY !

THE U.S. CONSTITUTION BANS THESE STATE-COURT SCHEMES.  Benefits must unequivocally remain with the disabled veteran. Veterans themselves are Constitutionally prohibited from assigning their benefits voluntarily - even if they wanted to. ANY agreement or court order to do such is VOID from inception.

IF YOU'RE A DISABLED MICHIGAN VETERAN NOW IS THE TIME TO REVISIT YOUR EXISTING SETTLEMENT TO STOP ILLEGAL PAYMENTS AND RECOVER RESTITUTION FOR MONIES ALREADY PAID OUT FOR ALIMONY, CHILD SUPPORT, AND/OR ANY OTHER EQUITABLE DISTRIBUTION, WHATSOEVER.

Media inquiries;
Carson J. Tucker
Lex Fori PLLC
cjtucker@lexfori.org
Phone:  (734) 887-9261
Fax: (734) 887-9255

Operation Firing For Effect (OFFE) is a bi-partisan Veterans Advocacy group, and subsidiary of Veterans For Veteran Connection, Inc., a 501(c)19 non-profit corporation devoted to the protection and improvement of entitlements and services earned by our men and women in uniform. 
 
 
OFFE does not endorse political candidates running for office. OFFE does report on issues of importance to our former military personnel and their families and that includes News from both sides of the aisle. OFFE will grant equal time to any candidate (regardless of political affiliation) who wishes to share and explain their position(s) on Veterans Affairs.