Defense Department tries to halt lawsuit

Marine Corps Times ^ | March 07, 2005 | Karen Jowers

[FireChuNow]

For the full article, please hit the source link above.

[FireChuNow]

What the article fails to mention is that the federal USFSPA law interferes with the powers granted state courts where servive members are unable to challenge it's constitutionality and now this judge is saying these veterans are unable to challenge this federal law in a federal court as well. It's riddled with 5th and 14th ammendment violations and DOD is grasphing at straws just to keep these vets from getting their day in court. What's more stupid on DOD's part is why are they trying to keep a law that interferes with the congressional goal of haing the military retirement system serve as an incentive to recruitment and retention. Your tax dollars that were appropriated for defense purposes are subject to a social experiment that was intended to protect women is now harming women retired veterans as well. The crime comes when state courts are dividing disablity compenstaion as well in violation of yet another US Supreme Court ruling.

[benjaminjjones]

I didn't read this 'cause my eyes are blurry and there are no paragraphs.

[marty60]

It would help if you explained what this is all about.

[DugwayDuke]

It's about a law that protects the divorced spouses of military personnel allowing them to collect a portion of the retirement pay of their former spouses. In order to qualify, the former spouse must have been married at least ten years. This law, essentially, allows for the allocation of retirement pay similarly to civilian retirements.

Prior to this law, a service member could divorce their spouse of many years and the spouse was legally entitled to nothing from the spouse's retirement.

It's a good law fought only by a few military that do not want to share their retirement with their ex-spouses.

[familyop]

Just lobby in favor of debtors' prisons for everyone. After most other people are subjected to some of the treatment divorced/separated fathers have had to endure, maybe they'll wake up. The anti-USFSPA effort has been going on for a very long time, now, and it hasn't gotten any farther than the effort of all other divorced/separated dads against no-fault divorce, the Child Support Act, the VAWA,...

Debtor's Prison -- The Poor Person's Best Friend
http://www.freerepublic.com/focus/f-news/1361297/posts

Pass debtors' prisons for everyone. Maybe they'll wake up then.

[marty60]

Oh. I would think that unless it were specifically mentioned in the Divorce papers the matter would be settled. Unless we are talking about death benes. Then it probably works like SS death benes. This sounds like Second wife problem.

[familyop]

Family/fathers' rights ping!

The USFSPA law reapportions retirement income from military men to their divorcing ex-wives--another feminist, family breaking law.

[calex59]

I don't like the fact that my ex-wife can get part of my private retirement. I don't think they should be able to but, hey that is the law. I think the military should stop this in its tracks. These people don't need someone elses retirement, they need to go out and earn their own. IMO.

[DugwayDuke]

Prior to the enactment of this law, a former spouse to a military had no right to any portion of the retirement pay regardless of the cause of the divorce or the length of the marraige.