USFSPA LIBERATION SUPPORT GROUP :: ULSG

Sunday, 19 May 2013

The Clear Issue

Frequently Asked Questions

Membership Application

Other Media Contacts >>
Write/call them about this ludicrous law that unfairly singles out our armed forces!

Find Elected Officials

Enter ZIP Code:

or Search by State

See Issues & Action

Select An Issue Area:

Contact The Media

Enter ZIP Code:

or Search by State

LATEST STATISTICS

"Latest Statistics as of April 2013" View the latest statistics obtained from DFAS through the Freedom of Information Act of uniformed veterans with income taken directly from their retainer pay. Click here to read: Divorce Statistics (PDF) This does NOT include an equal or greater number who are paying directly to a former spouse. The number and amount of monthly garnishments by state reveals that DFAS distributes 93.7 million dollars monthly, or 1.1 billion dollars per year to former spouses from retired veterans retainer pay. Garnishments by State (PDF) The rate of increase is 3.5% per year and almost half, 45%, are paying between 41-50% each month.

FAMILY LAWYERS EXPOSED

On 5 December, attorney Marshall Willick, of Willick Law Group, a member of the Nevada Bar, launched a widely distributed "legal note" regarding the division of military retirement pay in a divorce. Marshall Willick is an attorney who specializes in representing military spouses in divorce and in this legal note he is very critical of the military veteran, who believes, and by experience knows that the USFSPA is unjust to the uniformed services.

Although it purports to be a "legal note," it can be clearly interpreted to be both legal advice and advertisement for his services. The "legal note" is the latest in a series of notes on legal topics in family law. However, this one is beyond the bounds of legal advice, constructive discourse and ethical/moral standards.

In an attempt to persuade his readers of his viewpoint, Mr. Willick disparages his opponents as "fringe groups" composed as "whack-jobs" who hide behind patriotism. Nowhere does Mr. Willick seem to acknowledge that there is a valid legal and public policy debate going on regarding this topic in many states. To some extent, he is trying to prevent action in Nevada that is occurring in other states that would hit him square in the pocketbook.

As an organiztion who opposes his position, we clearly stand tarnished by his words and are greatly offended. Although we support the freedom of speech, to have an attorney so publicly insult the veteran for military service and any legal positions related to that service is beyond belief and disrespectful.

At the very least, his communication should be evaluated in light of Nevada Rules of Professional Conduct 4.1, 4.4 and 7.1 to 7.3.

Read the 10 page note - a PDF file below
Willick Legal Note

NOW CHECK THIS OUT -

Read an October, 2011 exchange between Arizona ULSG member, Mark Beres, Major, USAF, (Ret) and Oklahoma attorney Jerry E Shiles, Colonel, USA, (Ret). Note that members of the American Bar Association (ABA) now constitute the greatest opposition for repeal or any legitimate reform of the "federal divorce law," the USFSPA.

From: Mark Beres < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >
To: jshiles < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >
Cc: mark.sullivan < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >; marshal < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >; pjtlaw < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >; tbalkman < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >
Sent: Wed, Oct 19, 2011 11:02 pm
Subject: RE: Recent email of 110912

Dear Mr. Shiles,

Thank you for having the courage to emerge from the shadows with your views on this subject in contrast to your fellow travelers who subverted the democratic process for SB's 528 & 917 to trump the wisdom of the people's representatives. I would have loved to have had a fair & open debate with you, or any other of the attorneys cc'd in this e-mail at the time instead of the unethical interference that occurred during the consideration of Sen. Russell's bills, not to mention its predecessor, HB 1053.

I am so happy to hear your views on the subject. However, I am somewhat at a loss to understand how a three-time brigade commander (according to your bio) could not understand that the impact of the USFSPA is greater on an NCO than a retired O-6 with an ex-wife back east collecting a nice Civil Servant Federal Pension.

Perhaps you might consider that the USFSPA flies in the face of most legal principles in that military retirement is not marital property because it is a non-contributory system dependent upon the agreement of the servicemember to continue to be available for future service and adhere to a number of other conditions. Essentially, USFSPA is a form of forced liquidated damages in that USFSPA assumes a lifetime 50-50 split of the military retirement instead of allowing a judge to tailor an equitable solution for each situation. It is interesting that the USFSPA does not require a former spouse to show damages, unlike every other area of the law where damages must be proven.

Furthermore, are you aware that Mr. Smith is 100% disabled with PTSD so bad that's he's tried to kill himself twice? Is that truly something you as a "military officer" are merely sorry about, or are you compelled to admit that the indemnification is indeed legal trickery? How nice to know that such an upstanding military leader as yourself can sit idly by while so many of our wounded veterans blow their brains out after finding out they "voluntarily indemnified" their former spouse in a long-since forgotten divorce property settlement.

I must also disagree with you on your characterization of my efforts as "anti-military family" -- the USFSPA creates a strong economic incentive for a spouse to divorce a military retiree after the retirement pay is locked in -- it is hard to imagine anything more "anti-military family" than the USFSPA. In view of that fact, given your views, if you had any bit of integrity left, you would resign your position with the ABA because you are an enemy of our military families, and your actions and those of your peers on behalf of your "former spouse clients", which have resulted in the financial plundering of wounded veterans deserve nothing upon you, colonel, but shame and disgrace to the office you once held.

Mark W. Beres, Maj., USAF (ret)
Tucson, AZ

Subject: Recent email of 110912
Date: Wed, 19 Oct 2011 11:00:32 -0500
From: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
To: Mark Beres
CC: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Dear Mr. Beres,

I read your recent remarks against the attorneys and legislators in Oklahoma who fought SB 928 and wanted you to know I am one of them. I'm a retired colonel with active duty as both a JAG and an Armor Officer and while I sympathize with Mr. Smith's situation, I do not believe it warrants depriving a former spouse of her entitlement to share in his benefits, just as he is entitled to share in hers. Most spouses give up opportunities to progress on their own and forfeit the right to acquire pension and retirement benefits while they accompany their military spouses to destinations around the world. I am divorced and my former wife shares in my retired benefits as is only right. While she wasn't on the ground with me during my extended deployments, she suffered in her own way never knowing if I was coming back and if I did, if I would be in one piece. Please be assured we will continue to fight Senator Russell and any other legislator who attempts to create a special class for military personnel and to deprive their spouses and children of the benefits to which they are entitled. We will do what is necessary to prevent anti-military family legislation from becoming law in Oklahoma.

Respectfully,
Jerry E. Shiles
Colonel, USA (retired)
ABA Outreach liaison for military personnel and their family members

All Uniformed Services
Your Future Military Retainer Pay Is At Risk
The Uniformed Services Former Spouses' Protection Act
(USFSPA) Discriminates Against the Military Veteran

The symbols on our banner above represent the seven Uniformed Services of the United States. In addition to the five United States Armed Services: Army, Navy, Marine Corps, Air Force and Coast Guard, there is the United States Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Corps.

All are subject to the USFSPA. See Below -

Did You Know...
MILITARY PAY THAT IS EARNED IN A RETIRED/RESERVE STATUS IS NOT A PENSION? Click to read a list of Facts vs Myths.
In fact, according to the latest update of December, 2010 DoD Financial Management Regulation Volume 7B, Chapter 29 paragraph 290614: "Awards of a Percentage of the Retired Pay Accrued by the Member During the Marriage: The designated agent cannot honor awards based on the value of what has accrued because military retired pay does not accrue over time. Military retired pay is not a pension. Rather, it is a statutory entitlement computed at the time the member retires and it is based on the member's rank and total years of service at the time of retirement."

BOOK - WHAT'S MINE IS MINE... WHAT'S YOURS IS MINE... The USFSPA An Illegal Law ~ A Crime Against Veterans MSgt Andrew A. Bufalo USMC (Ret)
"This book is dedicated to all of the Patriots who have unselfishly served our great Nation, and asked for so little in return."
Available on Amazon and Barnes and Noble - Links below:
http://search.barnesandnoble.com/Whats-mine-Is-mine-whats-yours-Is-Mine/Andrew-Bufalo/e/9780984595723/?itm=2&USRI=andrew+bufalo

http://www.amazon.com/WHATS-MINE-YOURS-USFSPA~-Law~/dp/0984595724/ref=sr_1_17?s=books&ie=UTF8&qid=1288240128&sr=1-17

Have you signed the USFSPA petition to congress? Sign it today >> and be sure to leave your comments.

Keep our issue in front of your US Senators and your US Representative by writing for repeal of the USFSPA and why. View sample letter formats here.>>

Last Updated ( Saturday, 06 April 2013 )

Active Duty Beware...

A "must read" and call for action >>

Are you aware of the career "IED" that Congress & DoD does not want you to know about?

Shhhh....
The military provides briefings, orientations and classes for every subject from sexual harassment to digging a straddle latrine, but makes no effort to educate the troops about the possible effect about USFSPA upon their retirement benefits or, for that matter, its very existence. As noted by the Supreme court, "such a division has the potential to interfere with the congressional goals of having the military retirement system as an inducement to enlistment and re-enlistment and as an encouragement to orderly promotion and a youthful military". When is the last time your military leadership briefed you?

Last Updated ( Wednesday, 13 January 2010 )