Here are the details on the project I have been working on...After 20 years of writing letters, writing emails and making phone calls - a response finally came through. KOMOTV Investigators responded to one of my emails and agreed to do a story on our case and situation in efforts of rising attention to the problem. Hopefully this story will kick-off the ability to make change - the lesson I received these past several weeks - never give up. Here are more details behind the reasoning for the story, it truly is hard to believe.
As many of you are aware of...my brother was awarded a civil judgement of 5 million dollars, that was back in 1997. In 2007, ten years after the first judgement was made against our biological father, Don, ZERO, nothing had been paid. Civil suits have a life of 10 years, after those first ten years, you can fine for one-single extension.
My brother went back to his lawyer (Scott Candoo) and filed an extension for the second ten years with the court. Thinking in hopes that he would be able to collect something of the total judgement owed.
Don has been collecting a US Army retirement - month after month after month. When he was in prison on McNeil Island - he was collecting his retirement, month after month. After they divorced, my mom received 40% of his retirement for being married to him 19 years and 6 months (that's story for another time). When our mother passed away, March of 2014, her part of the retirement went back to him and so now he is collecting his full retirement, month after month after month.
What our lawyer didn't know at the time is that US Army Retirement funds are protected by the US Government and unless you are garnishing for child support, no other garnishments will be approved.
In my simple terms - this pedophile that served our country, molested, raped and-emotionally destroyed and beat his kids - is protected by the government - from having to actually have to pay anything for the damage that he has caused.
I have researched this rule, studied this rule for more hours than I care to count. I have spent countless hours on the phone, writing emails and letters - to no avail.
In 1993 the Child Abuse Accountability Act was passed in 1994 (the year Don was put away for 208 months), HR 3694 states the following,
"To amend title 5, United States Code, to permit the garnishment of an annuity under the Civil Service Retirement System or the Federal Employees’ Retirement System, if necessary to satisfy a judgment against an annuitant for physically, sexually, or emotionally abusing a child.
‘(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child."
The key to HR 3694, is "Civil Service Retirement System or the Federal Employees' Retirement System." This doesn't include military retirees. Again excluded and protected by the government.
In 2003, HR 1444 was introduced and move the US Armed Services Committee, this act stated the following,
"Child Abuse Accountability Enhancement Act - Requires any payment of military retired pay to be paid, in whole or in part, by the Secretary of the military department concerned to another person if and to the extent expressly provided for in the terms of a child abuse garnishment order enforcing a judgment rendered against a member of the armed forces for physically, sexually, or emotionally abusing a child." This act was passed to the house on Armed Service Committee and was held. The act never left that committees desk and still to this day, children are suffering significant damage in their lives, at the hands of a military abuser.
Now is time for a change, its time to make a difference, not for me, not for my brother but for other children that can be impacted and received the restitution that they deserve. This story will air on the 6pm KOMOTV 4 News Seattle, 11-3-2016. It will also be posted on their webpage and their Facebook page.
I am sharing this now, not for glory - but attention to this problem, please share with everyone you know when the day comes...the more eyes on the topic the better. Remember - a change in the law won't impact us in the least bit, but will hopefully impact other military child abuse survivors - in hopes to give them the resources to overcome the damage and have an EXCELLENT adulthood.
"Being quiet and hidden, is no longer an option." -P.Saum
As many of you are aware of...my brother was awarded a civil judgement of 5 million dollars, that was back in 1997. In 2007, ten years after the first judgement was made against our biological father, Don, ZERO, nothing had been paid. Civil suits have a life of 10 years, after those first ten years, you can fine for one-single extension.
My brother went back to his lawyer (Scott Candoo) and filed an extension for the second ten years with the court. Thinking in hopes that he would be able to collect something of the total judgement owed.
Don has been collecting a US Army retirement - month after month after month. When he was in prison on McNeil Island - he was collecting his retirement, month after month. After they divorced, my mom received 40% of his retirement for being married to him 19 years and 6 months (that's story for another time). When our mother passed away, March of 2014, her part of the retirement went back to him and so now he is collecting his full retirement, month after month after month.
What our lawyer didn't know at the time is that US Army Retirement funds are protected by the US Government and unless you are garnishing for child support, no other garnishments will be approved.
In my simple terms - this pedophile that served our country, molested, raped and-emotionally destroyed and beat his kids - is protected by the government - from having to actually have to pay anything for the damage that he has caused.
I have researched this rule, studied this rule for more hours than I care to count. I have spent countless hours on the phone, writing emails and letters - to no avail.
In 1993 the Child Abuse Accountability Act was passed in 1994 (the year Don was put away for 208 months), HR 3694 states the following,
"To amend title 5, United States Code, to permit the garnishment of an annuity under the Civil Service Retirement System or the Federal Employees’ Retirement System, if necessary to satisfy a judgment against an annuitant for physically, sexually, or emotionally abusing a child.
‘(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child."
The key to HR 3694, is "Civil Service Retirement System or the Federal Employees' Retirement System." This doesn't include military retirees. Again excluded and protected by the government.
In 2003, HR 1444 was introduced and move the US Armed Services Committee, this act stated the following,
"Child Abuse Accountability Enhancement Act - Requires any payment of military retired pay to be paid, in whole or in part, by the Secretary of the military department concerned to another person if and to the extent expressly provided for in the terms of a child abuse garnishment order enforcing a judgment rendered against a member of the armed forces for physically, sexually, or emotionally abusing a child." This act was passed to the house on Armed Service Committee and was held. The act never left that committees desk and still to this day, children are suffering significant damage in their lives, at the hands of a military abuser.
Now is time for a change, its time to make a difference, not for me, not for my brother but for other children that can be impacted and received the restitution that they deserve. This story will air on the 6pm KOMOTV 4 News Seattle, 11-3-2016. It will also be posted on their webpage and their Facebook page.
I am sharing this now, not for glory - but attention to this problem, please share with everyone you know when the day comes...the more eyes on the topic the better. Remember - a change in the law won't impact us in the least bit, but will hopefully impact other military child abuse survivors - in hopes to give them the resources to overcome the damage and have an EXCELLENT adulthood.
"Being quiet and hidden, is no longer an option." -P.Saum
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