I am getting deployed overseas and my ex wife wants to get half my bah and some of my military pay when I leave, I am currently married now and still have to support my family, she also wants to let my spouse get our daughter 1 weekend a month and keep her from my spouse
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... Read more »
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.
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... Read more »
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.
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... Read more »
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...Read more »
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....Read more »
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...Read more »
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...Read more »
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.
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...Read more »
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?
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...Read more »
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...Read more »
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...Read more »
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... Read more »
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...Read more »
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...Read more »
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