Lawyers, Answer Questions  & Get Points Log In
Alabama Military Law Questions & Answers
2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 11, 2023

If your son and the other soldier were still in the service, there should have also been a military investigation. If they were both out of the service at the time, then there would likely only be the civilian investigation.

Consider submitting a Freedom of Information Act request to the...
View More

View More Answers

2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal... View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... View More

Philip D. Cave
PREMIUM
Philip D. Cave pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
View More

1 Answer | Asked in Child Support, Family Law and Military Law for Alabama on
Q: my ex husband is being activated for 6 months. he is national guard and we have 50/50 custody.

We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2021

Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: What do I need to do if I was fired from my job a month after I was activated with my reserves unit?

I have worked with my employer since Nov. 2018. In March of 2020, our restaurant was switched to curbside pickups only. They gave us the option to switch to unemployment because they would only keep a couple employees to work due to covid. April, I received orders for active duty starting 4/20 for... View More

Kyle Anderson
Kyle Anderson
answered on Sep 30, 2020

I highly recommend reaching out to an employment attorney in your area to discuss options. This sounds like discrimination based on military service, which would be a violation of USERRA. The employer is required to place you back in the same position (or the position you would have attained had... View More

1 Answer | Asked in Military Law for Alabama on
Q: What type of lawyer would be best for me if I'm submitting a DD-293 Application For The Review Of Discharge from USMC?
R. Davis Younts
PREMIUM
R. Davis Younts
answered on Aug 24, 2020

Great question. You want an attorney that has military experience as well as experience actually appearing before the Discharge Review Board. There are many attorneys that dabble in military law. You want someone with extensive military experience that practices before the Board frequently.... View More

1 Answer | Asked in Criminal Law and Military Law for Alabama on
Q: It’s my first offense and I’m also in the military I got a UPOM2 charge and I’m black what’s are my chances in court
Sheila Crumley Field
Sheila Crumley Field
answered on Aug 6, 2020

Very good. You have several options available. You can enroll in the PReTrial Diversion Program (PTIP) that is like probation except when you finish your case is dismissed. Or there is always Veterans Court which is the same thing, probation but when you finish your case is dismissed. Terms are... View More

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: I have been served divorce papers. I can not afford legal representation. The divorce is final 7.30.2020. What can I do

to secure my alimony? I am a military spouse.

Kristine Jones
Kristine Jones
answered on Jul 23, 2020

Hello. You can contact the Birmingham Volunteer Lawyers and ask for their help. Best of luck.

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: Q: I am married for 12 years in June 2020. My name is not on the deed and it is heir property left to my husband.

What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 2, 2020

If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... View More

1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on
Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?
Timothy Denison
Timothy Denison
answered on Dec 3, 2018

Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

1 Answer | Asked in Military Law for Alabama on
Q: I’m 18 and I am wondering if I will be automatically emancipated if I join the National Guard?
Angelina Bradley
Angelina Bradley
answered on Aug 1, 2018

If you are 18, you've already reached the age of emancipation. This is not dependent on you enlisting in the National Guard.

Good luck!

1 Answer | Asked in Military Law and Personal Injury for Alabama on
Q: Do I have a viable lawsuit?

I have suffered from various illnesses since infancy. My father is a veteran who served in the Gulf War. He believes my health problems are due to chemicals he was exposed to in the war. He would like to know if I have a viable lawsuit again government. If so, how would I go about proceeding?

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jan 23, 2018

This is a very complex situation for which you need to contact a legal expert in cases of toxic exposure. It requires thorough evaluation, which I or another lawyer cannot provide without knowing more information about your case. Depending on a variety of factors, such as the severity of your... View More

1 Answer | Asked in Child Custody, Family Law and Military Law for Alabama on
Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody

transfer custody from the biological mother to the other named adult in said document. Will the named adult that guardianship is being granted to be able to claim child as a dependent for health care purposes.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 16, 2017

Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for... View More

1 Answer | Asked in Family Law and Military Law for Alabama on
Q: Our son graduated in May, turned 18 in June. Was sworn in the military while still in high school and getting paid from

the military because he was going to training every other weekend. Will we still have to wait until he turns 19 before child support stop.

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

It is very specific to what your decree says. If it says until he turns 19 and living with the custodial parent, then you will. You may want to have an attorney look at your decree.

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Alabama on
Q: Im in the military and stations in NC but my hometown is in Alabama.

my vehicle is still registered in AL as well. do I still have the chance to file for divorce in AL?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2016

Depends on Alabama law. If you OR your spouse have resided in NC for at least 6 months and you have been separated for at least one year, you are likely eligible to file here in NC and it would likely be much less expensive. Our firm handles uncontested divorces for a total of $395 which often... View More

1 Answer | Asked in Military Law for Alabama on
Q: I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for

Injustice I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for injustice

during the process my commander broke my constitutional rights, will this help me in getting an upgrade?

Philip D. Cave
PREMIUM
Philip D. Cave pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015

Maybe.

One of the things they look at in the upgrade process is whether there have been significant procedural errors showing the process was unfair. So maybe you have a case to prove an inequity.

NOTE NOTE NOTE.

You have 15 years from date of discharge to apply. This is a...
View More

1 Answer | Asked in Military Law for Alabama on
Q: I am in the military my daughters mother is taking me back for more child support, can my housing allowance and clothing...

...be counted as income? I also get food allowance when I am out sea.

William E. Scully Jr.
William E. Scully Jr.
answered on May 13, 2014

Yes. In Alabama your BAH and BAS are included in your income in determining what an appropriate level of child support is. Rule 32 of the Alabama Rules of Judicial Administration governs child support. Here's a link to that rule: http://www.alacourt.gov/pdfppt/arjarule32.pdf Take a look... View More

1 Answer | Asked in Military Law for Alabama on
Q: Can a married soldier be in a singe soldier room
William E. Scully Jr.
William E. Scully Jr.
answered on Apr 10, 2014

Maybe. Maybe not. I can't tell very much from the pitiably small amount of information you have provided. It sounds to me like the 'married soldier,' (I'm guessing that's you) is in trouble for being in the barracks room of the 'single soldier.' One of the... View More

1 Answer | Asked in Military Law for Alabama on
Q: Can a Navy mother get full custody if she feels the father is not proving the best interest of the children?

Mother and father have joint custody but the father has them more due to mother being in the Navy and was being deployed and had no one eles to take them. Father is favoring the son more. Daughter is not doing good in school and no one is working with her at home. Mother is no longer getting... View More

William E. Scully Jr.
William E. Scully Jr.
answered on Apr 4, 2014

Changing a custody arrangement once it has been established is very difficult in Alabama. There is generally a presumption that disrupting a custody arrangement is more detrimental to a child than the benefit that might be gained from the change in custody. This doesn't mean that a change of... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.