Gulf War Veteran Fighting War at Home this 2008 Holiday


Timothy Nolan before divorce and Gulf War Syndrome

Defending Self Against
Divorce Courts
Nov. 24 Hearing to Impose Jail


Chronology linked to court documents below

November 24, 2008 - Geauga Ohio - Timothy Nolan, a Gulf War veteran loves the principles on which our country was founded, but to his surprise he's fighting a war at home. Tim says, "I'm a prisoner of the war against fatherhood fought by the domestic relations courts who are trying to put me in jail again."


Reporting for jail
May 24, 2008

In 2002, Mr. Nolan's wife filed for divorce and he learned that he has Multiple Sclerosis (MS), which is now recognized as related to his service in the Gulf War. After spending a week at the VA's MS Center of Excellence in Washington DC, Mr. Nolan says he learned that he also has spinal injuries from being a paratrooper.

A news report from Seattle Senator, Patty Murry says, "A disproportionate number of veterans from the first Gulf War are developing symptoms of MS, but they often face difficulty obtaining disability benefits from the VA."

Because he couldn't pay as much child support as demanded, Mr. Nolan was taken to Geauga County, Ohio jail by sheriffs for two nights on May 27, 2008. The copies of the warrant provided by the County Clerk and the sheriffs were never signed by a judge, only the assistant prosecutor and the deputy clerk.

Nolan says, "While I was in jail, I was denied all medication, was in excruciating pain, and couldn't control my arms and legs. The sheriffs had to feed me with a straw. I can understand being wounded by serving in the military, but the America I love doesn't let prosecutors and clerks send people to jail with no hearing or judge's order!"

In recent News, Sean Levert died while being denied medication after being jailed for failure to pay child support.

While Mr. Nolan is still waiting for V.A. disability compensation and Social Security benefits, the Geauga County Courts have continually stated he earns over $55,000 a year. Mr. Nolan never wanted to be on disability, but "My doctors convinced me in 2003 that I had to apply for Social Security, and retrain for a job considering my diagnosis."

When the divorce proceedings started, Mr. Nolan's two-year old son was taken from him and he says he was mislead about his legal rights. Stephen Baskerville, author and assistant Professor of Political Science at Patrick Henry College says, "Fathers are commonly coerced into signing support or visitation orders by the court system after virtually having their children abducted by their wives." Baskerville's book "Taken Into Custody, the War against Fathers" was released last fall. "If you're holding someone's children, they'll sign anything because they are under duress."

The Ohio Law says that the courts can change Mr. Nolan's child support order to zero once he has documented his physical disability, which he did over four years ago. The court is also not allowed to demand child support money if Mr. Nolan receives any need-based public assistance. Mr. Nolan had been getting Medicaid physical therapy, home health care, and welfare food assistance. But that was stopped this month because somebody in Geauga County reported that he has a high income, says Mr. Nolan.

The Veterans Affairs office has been assisting Mr. Nolan with disability pension since 2006, but that VA benefit has been altered for six months and Mr. Nolan thinks the county prosecutor arranged the collection.

Ray Lautenschlager, a member of the board of Parents And Children for Equality (PACE) says, "Both the Ohio Law and the Federal Law forbid child support collection agencies from taking any kind of means-tested benefits. The only way Geauga County Could take from Tim, his VA pension, VA compensation, or disability benefits would be if Mr. Nolan agreed in writing to pass the benefits to his X-wife as child support. Even thought Ohio CSEA is fully aware of these laws, they fail to recognize or follow them"



SOURCES:

Baskerville, Stephen. Taken into Custody: The War Against Fatherhood, Marriage, and the Family. Nashville, TN: Cumberland House Publishing, 2007

Goldstein, David. "Gulf War illness hits up to a third of vets; Report says federal response ineffective" Cleveland Plain Dealer, 18 Nov. 2008, A4. (print image 72K) E-mail writer:dgoldstein@mcclatchydc.com

H.R. 1538: Dignified Treatment of Wounded Warriors Act

McManus, Mike. How To Cut American's Divorce Rate In Half.Potomac, MD: Marriage Savers, Inc., 2008

Miller, Donna J., "Singer Sean Levert's agonizing final hours detailed in reports; Reports detail singer's delusional behavior linked to anti-anxiety pills." Cleveland Plain Dealer 12 Nov. 2008. E-mail writer: djmiller@plaind.com

Murry, Patty. Senator Murray Introduces Bill to Help Veterans with Multiple Sclerosis Get Benefits. US Senate News. 13 March 2007.

Murry, Patty. VETERANS: Senator Murray Works to Expand Benefits for Veterans; Criticizes Bonuses Paid to Top VA Officials. US Senate News. 9 May 2007.

Veterans of Modern Warfare, Inc., VMW, is a veterans service organization. Purposes include assistance in obtaining benefits and advocacy in issues important to modern war generation. E-mail Julie Mock, President, VMW: JulieMockvmw@aol.com. E-mail Ohio VVA Chapter 649, Clermont County, OH: mgregory@cinci.rr.com





CHRONOLOGY LINKING TO COURT DOCUMENTS
  1. 2002 - April 10. Timothy Nolan's wife filed for divorce.

  2. 2002 - Nov. Diagnosed with Multiple Sclerosis by the Cleveland Clinic's Melon Center specializing in MS

  3. 2003 - Jan 24. Timothy Nolan was laid off by employer. Nolan, in interview says he phoned CSEA and told staff about change in employment layoff.

  4. 2003 - Feb. 27. Unemployment benefits were taken by County Child Collection Agency (image 796 K) OBES Ohio Bureau Employment Services payments were collected by County Family Services, Feb $234; Mar $468; April $560; May $560; June $840; July $560; Aug $420; Sep $140.

  5. 2003 - Feb thru 2004 - April. County Record show collection History (image 240 K) Collected from Employer Dec'02-Jan'03. Collected from OBES Ohio Bureau Employment Services Feb'03 - Sep'03; from IRS Sep'03.

  6. 2003 - Social Security Benefits application submitted

  7. 2003 - Dec. 2. Court decree shows Timothy Nolan income $52,867.37 annually, and orders montly support of $507.73. (image 1 158 kb K, (image 2 96 K) Court Decree. VOLUME # 81 PAGE # 20339. No grounds for court jurisdiction per ORC is stated.

  8. 2004 - Sept. 16. Doctor letter to County (image 796 K) University of Pittsburgh Medical Center doctor sumbitted letter dated Sept. 16, 2004, stating Timothy Nolan has multiple sclerosis. Letter is dated stamped "RECEIVED SEP 27 2004 GEAUGA OFFICE FAMILY SERVICES". Letter is also a Defendant's Exhibit A in July 13, 2005 hearing scheduled 1:30 pm.

  9. 2004 - Veterans Affairs Presumptive (image 78K) Timothy Nolan is advised that his symptoms merit "Presumptive" Disabilty Benefits

  10. 2005 - Jan 27. Corrected updated decree restates same income (image 1 128 K) New Decree stating justification for jurisdiction (item 5). Maintais that Timothy Nolan's income is $52,867.37 annualy in attachment 12/2/03 order)

  11. 2005 - May 3 Motion to jail Timothy Nolan link

  12. 2005 - July 15. Judge overrules motion to impose jail. (image 20 K)

  13. 2006 - Jan 11. Assistand Prosecutor wants to jail Timothy Nolan again. link

  14. 2006 - June 2. Drivers License revoked after May 19 motion filed to revoke driving priviledges files. link docket history

  15. 2006 - Sep. 25. Child Support Enforcement Agency (CSEA) Personnel order the Veteran's Administration to withhold Timothy Nolan's moneys. CSEA names the V.A. as Nolan's "employer/withholder." (3 page image 524 K)

  16. 2006 - Oct. 30. Prescription from M.S. Clinic for Handicap Parking priviledges. (image 20 K) Oak Clinic for Multiple Sclerosis provide for the Ohio Bureau of Motor Vehicles a prescription for Handicap Placard required for Timothy Nolan to use handicap designated parking.

  17. 2006 - Nov. 13. Veteran's Service Commission issues notice that Nolan's VA benefits aren't "income". (image 20 K) Nolan had been advised that his VA disability benifits do not count as income for the purposes of calculating child support oblications. His case work at the Veterans Service Commission drafted letter that Nolan brought to Geauga County so they would stop coming after him.

  18. 2007 - Jan 24. Judge orders that Timothy Nolan serve jail. (image 64 K) Judgment Entry signed by judge, prepared by Assistant Prosecuter, states that "Nolan shall report to Geauga County Safety Center Friday, at 0800 hours January 26, 2007 for imposition of three(3) of the thirty (30) days previously ordered adn suspended."

  19. 2007 - Set 25. Fed Wounded Warrior Act recognizes Desert Storm, Dessert Shield, MS innoculations.

  20. 2008 - May 23. Timothy Nolan trying to report for jail. (image 32 K) Timothy Nolan phoned the County Jail (Sheriff's Office) to learn if there is order for him to serve jail time. The following moring Timothy reported to jail to learn if there was order to serve jail.

  21. 2008 - May 27. Capias Clerk copy. (image 32 K) Command to Sheriff to hold Timothy Nolan at county jail. Issued per Assistant County Prosecutor J. A. Miedima. No Judge's name or signature. Public record copy provided by County Clerks office Nov. 20 2008.

  22. 2008 - May 27. Capias Sheriff copy. (image 36 K) Command to Sheriff to hold Timothy Nolan at county jail. Signature line for Deputy Clerk of Courts. No Judge's name or signature. Copy shown to Timothy Nolon by Geauga Sheriff Deputy on May 27, 2008.

  23. 2008 - Oct. 3. Prosecutor wants Timothy Nolan to serve jail time again. (image 32 K)

  24. 2008 - Oct. 3. Judge orders Timothy Nolan to appear for Nov. 24, 2008 hearing to impose jail sentence. (image 52 K) Judge orders that Timothy must appear or pay, he could serve 90 days jail. At Nov. 24 hearing, matter continued until Jan. 30, 2009.

  25. 2009 - Jan. 2. Letter is provided for the court from John Roberts (National Service DirectorĘ Wounded Warrior Project) stating that Nolan's VA benefits are means-tested. (2 page image 100 K )

  26. 2009 - Jan. 9. Nolan asks the court to vacate previous orders that are void because orders break the law.(8 page image 312 K )

  27. 2009 - Jan. 22. Court overrules Nolan motion to vacate previous orders that Timothy Nolan stated were void becuase orders break the law. (8 page image 312 K )

Other docket items of interest.
6/21/2002 SCHEDULED FOR 10/21/02 AT 8:30 AM - CONTESTED DIVORCE
6/21/2002 MAGISTRATES ORDER FILED. AGREEMENT REACHED AT HEARING VOLUME # 80 PAGE # 75509
6/21/2002 MAGISTRATES ORDER FILED. (NOTICE OF HEARING; STIPULATIONS/STATEMENTS) VOLUME # 80 PAGE # 75510
6/21/2002 NOTARY SUBPOENA DUCES TECUM FILED. SERVED UPON CLEVELAND CLINIC FOUNDATION ON 6/20/02.
10/11/2002 DEFENDANT'S STATEMENT OF PROPERTY AND DEBTS FILED.
10/17/2002 PLAINTIFF'S STATEMENT OF ASSETS AND DEBTS FILED.
7/13/2004 SCHEDULED FOR 08/05/04 AT 9:00 AM - CONTEMPT 8/9/2004 AGREED ENTRY FILED. RE: CSED MOTION SHOW CAUSE -R- VOLUME # 82 PAGE # 37812



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