West Virginia Legislators Introduce Disabled Veterans' Benefits Protection Bill

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Subject: West Virginia Legislators Introduce Disabled Veterans’ Benefits
Protection Bill

FOR IMMEDIATE RELEASE (29)

March 9, 2008

West Virginia Legislators Introduce Disabled Veterans’ Benefits Protection
Bill

State Representatives; Stan Shaver, Scott Varner, Randy Swartzmiller, and
Robert D. Beach are all members of the West Virginia Legislature. And all
four of these West Virginia politicians are sponsors of House Bill 2546,
legislation designed to protect veteran’s disability compensation from any
consideration as a third party award in state divorce courts. H.B. 2546 was
introduced January 9, 2008 and referred to the Committee on Veterans Affairs
and Homeland Security and Finance.

Shaver Varner
Swartzmiller Beach

sshaver@mail. wvnet.edu svarner@mail. wvnet.edu
rswartzmiller@ hotmail.com rbeach@mail. wvnet.edu

H.R. 2546 reinforces existing federal legislation USC, Title 38, Veteran’s
Benefits, §5301(a). This federal statute was written by Congress to protect
veteran’s benefits from third party awards under any legal process
whatsoever. However, in spite of the strong wording of 5301, many state
divorce courts nationwide routinely violate Title 38, by awarding alimony or
spousal support based solely on a disabled veteran’s disability
compensation. The passage of H.R. 2546 would put an end to this questionable
practice in the Great State of West Virginia.

Operation Firing For Effect is requesting all West Virginia residents
contact their representatives and urge them to support and pass H.B. 2546.
You will find contact information for all West Virginia legislators at this
link;

<http://www.legis. state.wv. us/Contact/ capmail.cfm>
http://www.legis. state.wv. us/Contact/ capmail.cfm

Or contact the House Clerk; Gregory M. Gray, Room 212M, Bldg. 1, State
Capitol Complex, (304) 340-3200. Tell Mr. Gray that Operation Firing For
Effect asked you to call in support of H.B. 2546.

Operation Firing For Effect commends State Representatives Shaver, Varner,
Swartzmiller, and Beach for their actions to improve and protect the
disability benefits earned by our men and women in uniform.

In an effort to avoid any confusion or misunderstanding concerning H.B.
2546, below you will find the legislation text in its entirety.

H. B. 2546

(By Delegates Shaver, Varner, Swartzmiller and Beach)

[Introduced January 9, 2008; referred to the

Committee on Veterans Affairs and Homeland Security then Finance.]

A BILL to amend and reenact §48-5-510 of the Code of West Virginia, 1931, as
amended; to amend and reenact §48-7-101; to amend and reenact §48-8-103; and
to amend and reenact §48-8-105, all relating to excluding disability income
received by a veteran from the U.S. Department of Veterans' Affairs for
service related injuries from any calculation used to determine spousal
support.

Be it enacted by the Legislature of West Virginia:

That section §48-5-510 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that §48-7-101 be amended and reenacted; that
§48-8-103 be amended and reenacted; and that §48-8-105 be amended and
reenacted, all to read as follows:

ARTICLE 5. DIVORCE.

§48-5-510. Consideration of financial factors in ordering temporary relief.

(a) In ordering temporary relief under the provisions of this Part 5, the
court shall consider the financial needs of the parties, the present income
of each party from any source, their income-earning abilities and the
respective legal obligations of each party to support himself or herself and
to support any other persons. Provided, That disability income received by a
veteran from the U.S. Department of Veterans' Affairs for service related
injuries is not income for purposes of this article.

(b) Except in extraordinary cases supported by specific findings set forth
in the order granting relief, payments of temporary spousal support and
temporary child support are to be made from a party's income and not from
the corpus of a party's separate estate, and an award of such relief shall
not be disproportionate to a party's ability to pay as disclosed by the
evidence before the court: Provided, That child support shall be established
in accordance with the child support guidelines set forth in article
thirteen of this chapter. Provided, however, That the corpus of the estate
of a veteran receiving disability income for service related injuries cannot
be used as a means of replacing the value of the disability income.

ARTICLE 7. EQUITABLE DISTRIBUTION OF PROPERTY.

PART 1. MARITAL PROPERTY DISPOSITION.

§48-7-101. Equal division of marital property.

(a) Except as otherwise provided in this section, upon every judgment of
annulment, divorce or separation, the court shall divide the marital
property of the parties equally between the parties.

(b) Nothwithstanding any other provision of this code to the contrary,
disability income received by a veteran from the U.S. Department of
Veterans' Affairs for service related injuries shall not be considered as
property for the purposes of this article.

ARTICLE 8. SPOUSAL SUPPORT.

§48-8-103. Payment of spousal support.

(a) Upon ordering a divorce or granting a decree of separate maintenance,
the court may require either party to pay spousal support in the form of
periodic installments, or a lump sum, or both, for the maintenance of the
other party. Payments of spousal support are to be ordinarily made from a
party's income, but when the income is not sufficient to adequately provide
for those payments, the court may, upon specific findings set forth in the
order, order the party required to make those payments to make them from the
corpus of his or her separate estate. An award of spousal support shall not
be disproportionate to a party's ability to pay as disclosed by the evidence
before the court. Provided, That disability income received by a veteran
from the U.S. Department of Veterans' Affairs for service related injuries
is not income for purposes of this article. Nor can the corpus of the estate
of a veteran receiving disability income for service related injuries cannot
be used as a means of replacing the value of the disability income.

(b) At any time after the entry of an order pursuant to the provisions of
this article, the court may, upon motion of either party, revise or alter
the order concerning the maintenance of the parties, or either of them, and
make a new order concerning the same, issuing it forthwith, as the altered
circumstances or needs of the parties may render necessary to meet the ends
of justice.

§48-8-105. Rehabilitative spousal support.

(a) The court may award rehabilitative spousal support for a limited period
of time to allow the recipient spouse, through reasonable efforts, to become
gainfully employed. When awarding rehabilitative spousal support, the court
shall make specific findings of fact to explain the basis for the award,
giving due consideration to the factors set forth in section 8-103 one
hundred three of this article: Provided, That disability income received by
a veteran from the U.S. Department of Veterans' Affairs for service related
injuries shall not be considered as income nor for purposes of this article.
Nor can the corpus of the estate of a veteran receiving disability income
for service related injuries be used as a means of replacing the value of
the disability income. (b) An award of rehabilitative spousal support is
appropriate when the dependent spouse evidences a potential for self-support
that could be developed through rehabilitation, training or academic study.
(b)(c) The court may modify an award of rehabilitative spousal support if a
substantial change in the circumstances under which rehabilitative spousal
support was granted warrants terminating, extending or modifying the award
or replacing it with an award of permanent spousal support. In determining
whether a substantial change of circumstances exists which would warrant a
modification of a rehabilitative spousal support award, the court may
consider a reassessment of the dependent spouse's potential work skills and
the availability of a relevant job market, the dependent spouse's age,
health and skills, the dependent spouse's ability or inability to meet the
terms of the rehabilitative plan and other relevant factors as provided for
in section 8-103 one hundred three of this article.

NOTE: The purpose of this bill is to exclude disability income received by a
veteran from the U.S. Department of Veterans' Affairs for service related
injuries from any calculation used to determine spousal support.

Strike-throughs indicate language that would be stricken from the present
law, and underscoring indicates new language that would be added.

<http://www.legis. state.wv. us/Bill_Text_ HTML/2008_ SESSIONS/ RS/Bills/ hb2546%2
0intr.htm>
http://www.legis. state.wv. us/Bill_Text_ HTML/2008_ SESSIONS/ RS/Bills/ hb2546%20
intr.htm

To review TITLE 38, U.S. Code, Veterans Benefits, §5301(a) in its entirety,
visit;

<http://assembler. law.cornell. edu/uscode/ search/display. html?terms= Title%203
8,%205301%20( a)&url=/uscode/ html/uscode38/ usc_sec_38_ 00005301- ---000-.html>
http://assembler. law.cornell. edu/uscode/ search/display. html?terms= Title%2038
,%205301%20( a)&url=/uscode/ html/uscode38/ usc_sec_38_ 00005301- ---000-.html

If you would like to know more about this subject, visit;

<http://jerebeery. com/5301% 20Club.htm> http://jerebeery. com/5301% 20Club.htm

Jere Beery

OFFE Public Relations Director

jerebeery@aol. com