Soldier's Mom Says Deadbeat Dad Shouldn't Get Death Benefits

www.wqad.com ^ | August 10, 2005 | Chris Minor

[Aliska]

Milan, IL-Should the biological father of a soldier killed in the line of duty receive death benefits even though he never met his daughter?

Sgt. Jessica Housby of Rock Island was killed by a roadside bomb in Iraq in February. The unmarried 23 year old was raised by her mother and step-father.

But the state contacted her biological father Tony Holbrook in his prison cell in Mt. Pleasant, Iowa and informed him that as the biological father of Jessica, he was entitled to survivor's benefits, and is in line to receive more than 137- thousand dollars in the coming weeks.

[Aliska]

but stuff like this make me more than mad.

I'm kind of outraged myself.

[timsbella]

Back child support - I suppose he's still end up ahead. I feel heartsick.

[timsbella]

Back child support - I suppose he'll still end up ahead. I feel heartsick.

[marmar]

This is how we do it in the AF. I have lots of brothers and my Father. I sat back and decided who would be more responsible and left the money to that brother. It is my choice......

[Aliska]

This is how we do it in the AF.

I don't know how they handle it in the NG. News said parents are entitled to both federal and state benefits. Nothing said yet whether he will get anything out of the federal government.

[coton_lover]

As it states in the article, it is a relatively new (2004) death benefit for American soldiers and marines killed in the line of duty in Iraq.

Because of this new law, I don't think she had to name her father the beneficiary.

[Wristpin]

"Who were the benefits allocated to?"

Sounds like she designated her deadbeat Dad as a partial recipient for her SGLI insurance. She must have gone through deliberate effort to do this since the form requires correct personal information of the recipient(s).

I sure the Marines had everyone in the unit update the form before deployment. This was deliberate and the mother has no legal recourse with the military.

[verity]

Here's another twist for your consideration, Aliska.

What if the stepfather did not legally adopt the deceased? Would not the legitimate next of kin then be the mother AND the biological father?

Bottom line: Another example of "life ain't fair."

[marmar]

You know, I love my Dad....but bottom line I wouldn't trust him with that much money. If her biological father never had anything to do with her......then I hope they don't disgrace her memory by giving him a cut of the money. I know her parents would, a million times over, prefer to have their daugther life compared to the cash. I wonder how the biological father feels........

[Aliska]

I sure the Marines had everyone in the unit update the form before deployment.

"when the Army contacted him." She must have been Army NG.

The rules must be uniform in all the branches of service in the Iraq war. Sounds like fairly new rules, perhaps, due to so many families split up now.

[coton_lover]

I do not believe that she deliberately designated her father to receive benefits. This is what he says:

''I didn't raise her, maybe I don't deserve the money but the government and the court says I do.'' said Holbrook.

''I'm sorry I wasn't there for Jessica, but the government says I deserve it, and I can't just turn it down. This could change my life.''

The government wants to give him the money because of this new (2004) death benefit for American soldiers and marines killed in the line of duty in Iraq.

[Aliska]

What if the stepfather did not legally adopt the deceased? Would not the legitimate next of kin then be the mother AND the biological father?

Possibly so. That way he couldn't get stuck for child support if he and the mom split.

Bottom line: Another example of "life ain't fair."

This is a bad news day. Maybe I shouldn't bring it up, but between this and Schiavo filing a lawsuit against whom we know not yet and why, it's enough to make me want to throw up.

Not that the PA soldiers killed in the last 24 hours isn't even worse news.

[SayAgain?]

Should this deadbeat "dad" get deceased daughters duty based death benefits?

No. No. No...and I say again...NO!

Oh my goodness.

Will the madness never end?

[Readers: Please note that I already am aware of my extensive use of hyperbole and "cynarcasm"]

Not only is it just sickening that the Step-Father can never fully be her "Dad" by law (that is, to become her adoptive Father), until the biological dad dies...but the biological dad is in prison which is a place where I think several rights should be suspended and only potentially regained upon parole, and then, only upon even further review.

One of those rights should be titled The "No parent shall receive the death benefits of their biological child if they have never spent any time or shown any systematic concern for the child's well being, especially if the child dies in the line of any military, police, fire or EMT and leaves wicked amounts of mad money for said incarcerated biological parent" Right (or lack thereof).

The reason it's not an easy issue to legislate is because the hypothetical case in the future could have been an unfortunate yet repentant convict biological parent who is now an ex-spouse, who indeed loves and has always somehow supported or demonstrated support for his child, might be better suited and in more need of "death benefits" of a military casualty child, and the spouse who raised the child and remarried or married to begin with...may have married a schmuck who has been nothing but a tyrant and is one of the reasons the child off and joined the military anyway.

Without an additional layer of review and/or another tertiary issue that was being managed by private contract law (the contract signed with the insurer or U.S. government)...there will be no easy way to thresh out the weeds from the good grain.

Say again?

Again I say the answer is, "no."

So say we all.

Out.


SayAgain?
Nashville, TN
United States of America
[INF] [ABN] [LRSu]

[CDB]

Yes, but he said on tv, the government says he should have it so he's going to take it.

What a bozo. What the heck is wrong with the state of Illinois? They elect Turbin and Candalabra, and now this illustrious court "decision."

[dakine]

"By-law"...how most young folk fill it out....

[HitmanLV]

Should the biological father of a soldier killed in the line of duty receive death benefits even though he never met his daughter?

No. Next!!!

[Aliska]

I wonder how the biological father feels........

Said he wants to start a business. Bet he heads for the bars and gambling boats first.

[marmar]

Your right.......so does it mean he'll get a cut?????

[verity]

The media maggots are exploiting the situation. Perhaps when the dust settles, the conclusion may be more rational.

[marmar]

Well, if he is making plans it shows he has no character, and he will have to wait until he gets out of prison.