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Colorado Military Law Questions & Answers
0 Answers | Asked in Employment Law and Military Law for Colorado on
Q: My employer paid me military pay while I was out on official military orders and are now trying to take pay back.

While I was away on official military orders, my work paid me 100% pay but said that they would take my "military base pay" upon return. However, I never signed anything and they are now expecting a $9,000+ repayment after returning. Is this something they can do if I never signed any agreement?

1 Answer | Asked in Military Law for Colorado on
Q: We discovered my FIL’s cremains were unclaimed, my FIL was a veteran. Husband would like to claim his ashes.

Can we get his remains without paying thousands of dollars? The funeral home put his cremains in an underground vault with about 50 others. My husband and his little brother were 13y and 10y when their dad died and never knew what happened to his ashes. Their father was divorced from their mother.... View More

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

As the next of kin, your husband has the right to claim his father's cremains. You should not have to pay thousands of dollars to claim them, especially if the cremation was already paid for. Contact the funeral home to request the release of the cremains; they may require proof of... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... View More

Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Divorce and Military Law for Colorado on
Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.

Am I required to still pay the alimony as she has remarried?

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 2, 2019

This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... View More

1 Answer | Asked in Criminal Law and Military Law for Colorado on
Q: Does violation of a punitive article of the UCMJ *require* a court-martial?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 29, 2018

It does not. The military is a "command driven system," in that the commander (with the advice of his legal advisor/Judge Advocate) can use the other tools in his tool box for punishment and correction (non-judicial punishment, counseling, letter of reprimand, administrative separation, etc.).

1 Answer | Asked in Animal / Dog Law and Military Law for Colorado on
Q: What can I do about someone making false accusations against me with animal control about the wellbeing of my animals?

This girl had her and a few of her friends call animal control and make false accusations against me because I no longer wanted to be her friends and she is now trying to make my animals and my life hell. What can I do?

Kristina M. Bergsten
Kristina M. Bergsten
answered on Apr 3, 2018

You have to fight the citations in court, if you get court dates.

1 Answer | Asked in Military Law for Colorado on
Q: If my mpo is expired and I haven’t signed a new one or been notified of a new mpo. What does that mean
Patrick Korody
Patrick Korody
answered on Mar 18, 2018

As long as the MPO has expired, and you have not received a new one, then there is no MPO in place. However, it wouldn't be wise to make contact with the protected person, as that often leads to a new report of harassment/stalking/abuse and another MPO.

2 Answers | Asked in Divorce and Military Law for Colorado on
Q: Filed my divorce we had to do a mediation I deployed prior to that, unknown on status who do I contact now to finish?

After filing the divorce both parties submitted documents. We had a scheduled mediation I was unable to attend because I got deployed for 10months, now I’m back and don’t know who I contact or if I have to start all over from the beginning?

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2018

You should contact the court/court clerk where the case was originally filed to check the status of things and whether you will need to refile. You could also contact your spouse to assess as well.

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Military Law for Colorado on
Q: 100% blind disabled veteran seek relief fm incorrect $151k collection from DFAS derived from 5 yrs alleged overpmts

I realize timing is everything. I know I retired during a bad time for the Federal govt & the veterans retirement system, that is, between 2008 & 2015, when there was not a Streamlined, one-stop process for honorable & medically retired personnel.

(BTW, I got my VA medical and... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2017

Yikes! Due to the sums involved, it is highly recommended that you contact an attorney that specializes in military law and/or military disability claims. Since the VA and DoD are not known for their transparency or efficiency, I suspect that something can be done legally.

1 Answer | Asked in Military Law and Criminal Law for Colorado on
Q: Is it legal for a 26 year old in the military to marry a 16 year old with both parental consent ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 26, 2017

Colorado does allow marriage for minors (under 18) if either: (1) custodial parent(s) of the minor formally consent or (2) via judicial approval if the minor does not have any legal parent. Be aware that the consent must be signed and part of the marriage filing.

1 Answer | Asked in Gov & Administrative Law and Military Law for Colorado on
Q: Has there been a lawsuit against the US Army over the legality of the 2014 Officer Separation Board for Majors?

I was notified of separation from active duty in the US Army as result of the 2014 Officer Separation Board (OSB) for Majors. The reason listed on my DD-214 states AR 600-8-24, Chapter 5. However, there is nothing in that chapter whatsoever that details separation for officers in good standing.... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 10, 2016

You question is reasonable and very clear (a rarity). Unfortunately, I am not aware of any lawyers at Justia that have extensive knowledge of military law (98% of all law schools don't offer classes on military law). You can try Avvo (again, lawyers familiar with military law a few and far... View More

1 Answer | Asked in Military Law for Colorado on
Q: So my husband has been sexting and on facebook with another girl but he has not sent nudes can he still get in trouble?

Husband talks about being with her eating her out and all that but no nudes he sent can military still punish him

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

He needs to stop -- NOW.

There are quite a number of cases going on to do with on-line activity such as this. Whether he ultimately gets in trouble or not, it's not healthy for your relationship and his commanders may not look at him as a good Soldier/ so it might affect his career.

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