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OFFE NEWS

PRESS RELEASE:

October 20, 2020

ATTORNEY CARSON J. TUCKER WINS LANDMARK RULING IN MICHIGAN SUPREME COURT

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.

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.

IF YOU'RE A MICHIGAN DISABLED 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;
Constitutional Attorney at Law
Carson J. Tucker
cjtucker@lexfori.org
Phone: (734) 887-9261
Fax: (734) 887-9255
www.trinityadvocates.com

     
 

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. 
 
 
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