Letters

Letters 05-23-2016

Examine The Priorities Are you disgusted about closing schools, crumbling roads and bridges, and cuts everywhere? Investigate funding priorities of legislators. In 1985 at the request of President Reagan, Grover Norquist founded Americans for Tax Reform (ATR). For 30 years Norquist asked every federal and state candidate and incumbent to sign the pledge to vote against any increase in taxes. The cost of living has risen significantly since 1985; think houses, cars, health care, college, etc...

Make TC A Community For Children Let’s be that town that invests in children actively getting themselves to school in all of our neighborhoods. Let’s be that town that supports active, healthy, ready-to-learn children in all of our neighborhoods...

Where Are Real Christian Politicians? As a practicing Christian, I was very disappointed with the Rev. Dr. William C. Myers statements concerning the current presidential primaries (May 8). Instead of using the opportunity to share the message of Christ, he focused on Old Testament prophecies. Christ gave us a new commandment: to love one another...

Not A Great Plant Pick As outreach specialist for the Northwest Michigan Invasive Species Network and a citizen concerned about the health of our region’s natural areas, I was disappointed by the recent “Listen to the Local Experts” feature. When asked for their “best native plant pick,” three of the four garden centers referenced non-native plants including myrtle, which is incredibly invasive...

Truth About Plants Your feature, “listen to the local experts” contains an error that is not helpful for the birds and butterflies that try to live in northwest Michigan. Myrtle is not a native plant. The plant is also known as vinca and periwinkle...

Ask the Real Plant Experts This letter is written to express my serious concern about a recent “Listen To Your Local Experts” article where local nurseries suggested their favorite native plant. Three of the four suggested non-native plants and one suggested is an invasive and cause of serious damage to Michigan native plants in the woods. The article is both sad and alarming...

My Plant Picks In last week’s featured article “Listen to the Local Experts,” I was shocked at the responses from the local “experts” to the question about best native plant pick. Of the four “experts” two were completely wrong and one acknowledged that their pick, gingko tree, was from East Asia, only one responded with an excellent native plant, the serviceberry tree...

NOTE: Thank you to TC-based Eagle Eye Drone Service for the cover photo, taken high over Sixth Street in Traverse City.

Home · Articles · News · Region Watch · Vet must share disablility...
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Vet must share disablility with ex-wife

Anne Stanton - June 9th, 2008
A Manistee County judge ruled recently that a portion of a Vietnam veteran’s disability benefits can be considered when determining the amount of alimony paid to an ex-spouse.
Veteran Calvin Murphy had argued in court that his disability benefits should be off limits to his ex-wife, but 19th Circuit Judge James Batzer disagreed.
Murphy, 61, testified in the trial that he served a harrowing 5 1/2 months in Vietnam and mistakenly believed for decades that he had killed a fellow soldier during a North Vietnamese attack. He was wracked by guilt that his entire squadron had been ambushed, shot in the head, and found with cards in their mouths that said “Yankee go home.” He was not with his squadron at the time of the ambush.
Murphy said he was torn up emotionally from the experience—during his 24-year marriage to Karen Murphy, he sometimes slept with a gun, was tormented by nightmares, and used drugs and alcohol. In the early 1990s, he stopped drinking and sought treatment for post-traumatic stress disorder.
Calvin’s attorney, Wendy Divozzo of Cadillac, argued that federal law says that a veteran’s benefits belong solely to the person disabled, and should never be diverted to a third party under any circumstances.
Karen Murphy’s attorney, Connie Krusniak of Ludington, said that other state and federal laws across the country say that disability pay is for the benefit of the veteran and the family, and that those laws are backed by rulings in previous cases. Judge Batzer agreed with her interpretation.
Krusniak argued that an ex-spouse of a military veteran deserves something after supporting her spouse through years of emotional upheaval arising from the disability of post traumatic stress disorder, which is expressed in nightmares, depression, drug and alcohol abuse. A spouse also deserves something for supporting the partner through doctor appointments, rehab and physical handicaps.
Judge Batzer based his judgment, in part, on family law and the income of Calvin and Karen, and the amount of money each needed to survive.
Calvin Murphy, who is unemployed, collects a total of $3886 each month, including $2,400 for military disability, $1,186 in Social Security disability, and $300 in disability income through the National Park Service where he used to work, according to court records. That amount will go down significantly after the divorce.
Karen Murphy, who is also unemployed, collects about $700 per month in disability.
Judge Batzer awarded Karen $800 a month indefinitely until her death or until she remarries. That judgment leaves Calvin $3,195 a month on which to live.
Judge Batzer was clear in his ruling that military disability benefits should be used as a basis for alimony, or what’s now called spousal support.
Part of the problem, attorney Divozzo said, is that state and federal law are contradictory and unclear, and that rulings have varied around the country.
“I am telling Calvin and the other vets that if they want to help the young veterans coming back from Iraq or Afgahnistan, to tell them not to get married unless they have a prenuptial that specifically excludes future VA benefits or service connected benefits. That’s their best shot at having some certainty absent a change in law or a clear ruling that a spouse may not claim those,” Divozzo said.
Krusniak declined comment on the ruling.
Calvin, who has already spent jail time for refusing to pay spousal benefits awarded in the first go-round of the case two years ago, said he will appeal the decision. He has has vowed to give up all his disability benefits if he loses on appeal and “take the homeless life.”
If he is ordered to jail, he said that he’ll request service in the Middle East.
“This whole matter has destroyed my life. I have my home up for sale, and the stress is starting to take its toll on me, but I will keep fighting. I want to go as far as I can and try my best to turn this law around where it is the same everywhere for all vets around the country,” he said
“When a soldier hangs up his or her uniform, things change. You are treated like an old pair of shoes.”


 
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