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Friday, February 29, 2008 at 8 p.m.
State Representative David Grimes Our News guest on tonight's FTR will be State Representative David Grimes, (R), Montgomery, is now in his second term in the Alabama House. He serves on the Banking and Insurance, Commerce, and Internal Affairs Committees.
VIEWER COMMENTS AND QUESTIONS
BRAVO! BRAVO! BRAVO!
That was quite possibly the best FTR ever. You know I love it when people talk sense about drug policy and the impact it has on prison overcrowding. Go Bob Martin!! The comments on how many laws we have were spot on as well. Now, if we could just convince the legislature of that.
I also enjoyed the segment on Gov. Seigelman's plight. I agree with Kim Price that the questions surrounding the blatant wrongness of how the prosecution was carried out take precedent over anything else. I wrote Gov. Siegelman for the first time yesterday and included a copy of the Troy King/Ms.Piggy cartoon. I hope he enjoys it.
And Bob Martin....the word is TIT-a-lating. Recalling a certain election related incedent that made big news not so long ago it seems you would have no trouble with that word :)
You were all stellar and I can't wait til this show is ready in windows format so I can post it.
Keep it up y'all!
Loretta Nall, Alexander City
Mr Grimes,
If elected to replace Terry Everett, please advise me as to your intent to repeal the Uniformed Services Former Spouses Protection Act (USFSPA). Thousands of veterans like me need your help to repeal this unjust law. I am a retired U.S. Air Force officer of 28 years service to my country. PLEASE help me.
I came on active duty in 1977 after delayed accession to duty from ROTC. Later, in 1982, Congress p***ed the USFSPA. This seemingly innocent attachment to the 1983 Military Appropriation Bill ran through the entire legislative process with little publicity, fanfare, or debate. Proponents said its purpose was to provide some degree of financial protection to the dedicated wives of military members. Many such ex-wives had been seen daily on morning talk shows, telling tails of woe about being dumped penniless by their unappreciative husbands after years of hard sacrifice.
At the time, there appeared to be some valid need for protection -- at least for the wives of some commissioned officers. Before 1989, officer's wives were discouraged from having a career of their own; instead they were expected to attend officer's wives club functions, donate time to charity, and be available to support their husband's career by attending and hosting traditional social events. (This was never a problem with the enlisted ranks, as just to make ends meet on low military enlisted pay, wives routinely had separate careers of their own.)
So, the elected heads of Congress "corrected" this perceived gross injustice. And, the USFSPA, sponsored by Rep Patricia Schroeder of Colorado, was born. Ms. Schroeder stated the purpose of the act was to provide some degree of "fairness" to the ex-wives of military members. The act would allow (not mandate) state divorce courts to consider military retired pay as community property. "Guidelines" were published within the legislation, recommending certain restrictions such as minimum length of marriage, circumstances of divorce, maximum allowable division, etc.
Pat Schroeder back dated the law to one day prior to the U.S. Supreme Court's decision in McCurdy v. McCurdy that military retirement pay (which is not a pension for past service, but reduced pay for reduced service because we're recallable to war the rest of our lives) is not divisible in divorces.
Spouses are not subject to the Uniform Code of Military Justice (UCMJ), never serve in the military themselves, and are not recallable to active duty for the rest of their lives as we have taken an oath to do. NOTHING is required of them, except to marry a military member and now, not even for the original 10 years while the member is on active duty while married.
It doesn't matter if the spouse remarries, they still receive a portion of the retirement. It doesn't matter if they marry multiple times, they collect retirement from them all - truly a cottage industry!!
The law was also retroactively applied to retired military members who'd already retired and, as in my case, to us who had already entered active duty, under other terms and conditions. It was in my case, a breach of contract on the government's behalf.
Here are some examples of injustices under USFSPA:
In California: A Marine Corps Staff Sergeant, returning to his duty station in Twenty-Nine Palms after serving in combat during Operation Desert Storm, planned to retire with 20 years honorable military service. Upon his arrival home, his wife of 19 years was found cohabiting with another man. In May 1991, the spouse abandoned the service member and their three children and filed for no-fault divorce in California. The divorce was final in January 1992. The military member was ordered to give 50% of the property of the marriage to the former spouse, and 47.5% of his military retired pay.
In Alaska: An Air Force Master Sergeant served 20 years in the military, including two tours in Vietnam. He and his wife were married the final 16 years of his military service. While stationed in Alaska, and entering his last year before retirement, he was sued for divorce by his wife (who had found a boyfriend) and evicted him from his home. The court awarded the ex-spouse 40% of the service member's retired pay as property, and an additional 27% as child support. After taxes, the retired service member receives approximately $130 monthly. The former spouse was employed at $34,000 per year; her live-in boyfriend was employed at $26,000 per year.
In California: A Navy Chief Petty Officer (E-7), Vietnam Veteran, was divorced in 1978 after 11 years of marriage. At the time of divorce, real property was awarded along with child support. In 1991, the military member retired as a Master Chief Petty Officer with 30 years of service. At that time, the former spouse returned to court for division of retired pay and was awarded 28% payable at the E-9 rate. At the time of this award, the former spouse was married to her fourth husband.
There are literally thousands of horror stories out there. Military veterans, having honorably served their country for 20 or 30 years, are being unjustly forced to sacrifice not only half, but in many cases a majority of their military retired pay, regardless of the circumstances of the divorce.
These decisions are made by State courts regarding a Federal law!! And, no two of them apply the law the same way. It is also an issue that applies to ALL military, both men and women. ALL suffer and will continue to do so unless someone like you puts a stop to it.
So, if you really support the military who have supported and protected you, fight with us to recover what's rightfully ours. Repeal USFSPA.
If I refuse to be recalled to active duty sometime in the future when my country calls on me and be sent to war, as I have willingly pledged, I'll be considered a traitor. BUT, WHAT DO YOU CALL IT WHEN MY COUNTRY BETRAYS ME LIKE THIS???!!!
Thanks,
Bill Jones, USAF, Ret.
47 Indian Summer Court
Deatsville, AL 36022
Bill Jones, Deatsville
I am one of these Same California Court,s Victim. I am retained Regular of the USAF. I gave my Wife a Family Financed Education in Accounting and training for her p***age to a CPA, The Family sacrificed for this. Then she divorces me for a new relationship, with her Supervisor, and then gets 26% of my retainer pay ( was with me for 10 years of Service). But the original intent of this so-called Law was to provide for Former Wives who had no means of self-support. This is a Sham Law from Congress. It demands Repeal!! Alfred Ottaviano
Alfred Ottaviano, Ocean Shores, WA
I "served" as a USAF officer's wife for 22 years, putting the AF and his career first. From setting up luncheons for visiting dignitaries to suicide intervention training, from death notification to Red Cross volunteer, from scrubbing floors at the squadron alongside the troops to get ready for the IG to helping a young airman's wife cope with the death of her baby. I love my country and I loved my husband and children. At the peak of his career, he filed for divorce in order to be with the civilian lady who worked in his building. This took place soon after the law took effect. I absolutely believe wholeheartedly that I deserve the 50% of his base retirement pay and depend on it to survive. In all the years I've been receiving it, the amound stays the same. No COLAS for ex-spouses. There may be abuses of the law and I recognize that fact. However, there were many of us who "served" alongside our husbands from 1967 to 1988 who earned our due. Let the law stand.
Linda Armstrong, Birmingham |
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