Get free answers to your Military Law legal questions from lawyers in your area.
I am being charged by the military for a missing item because I was the last one to sign for it. I only signed the hand receipt because I was instructed to do so by my supervisor. They are blaming me for negligence when there are others who signed off stating we had the missing item in question. I... View More 
answered on Jul 10, 2018
There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.
He’s been medically retired over 18months now, and his child’s mother is still in the Army and not cooperating with court order and he have to get JAG and her COC involved. Can anything happened to him since he medically retired or her since she’s not following a court order by updating her... View More
answered on Apr 7, 2018
Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).
Realistically the... View More
We have three children. He received 100 percent disability and declined Army retirement for the VA amount/ offer which was more. He completed 10 years and 6 months military time and we were married the entire time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2018
I'm not sure what you are asking. You aren't going to get any payments while married. If you are asking if you divorce will you get a portion of his monthly payments, the answer is it depends. It can be considered income for child support purposes.
Custodial parent wanting temporary guardianship of child to go to maternal grandparents while in military training. NCP has not legitimized son, paid child support in over 1 year, helped to provide for child in over 1 year and the list goes on.
NCP was asked to sign “Acknowledgment of... View More
answered on Mar 28, 2018
He is entitled to service and the opportunity to object, but if he is not legitimized his objection does not carry the same standing as if he was. Also, this is not an emergency. You need to simply file the petition, and your consent, and let the court schedule a hearing.
answered on Jan 26, 2018
They are looking for your court order from a divorce or legitimation action. If you don't have that then you either don't have rights to your kids or you are married.
He has a house in MI and I just bought a house 2 months ago in GA. We have 5 kids with only 2 uder 18. He took my 7 yr son and lives with his dad in GA and I have my 17 yr old daughter with me. He has 2 daughters with 2 different woman he had during our marraige. His taxes are garnished for back... View More
answered on Nov 25, 2017
There is no waiting period for divorces in Georgia, so there is no required period of separation before you can file for divorce. Based on your years of marriage, and his years of military service, you may be entitled to a portion of his military retirement. you should consult with a family law... View More
one ex pays child support not court ordered yet, unless he makes me mad. other father ran off. My little girl is 3 and the boy is 4. if i divorces husband is he still responsible for all the kids, and my ex-boyfriend will be responsible to. Can I double dip.? because my husband claims them on taxes... View More
answered on Nov 21, 2017
No, you can not double dip. Your husband can contest paternity in the divorce action.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017
Never heard of that, since the military does not take children. Plus, the contract for joining the armed services MAY protect the government. Additionally, the concept of sovereign immunity also gives the government protection from being sued.
My commander told my father 1 to 2 weeks I could be out.
answered on May 21, 2017
That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
I filed a modification/registration of custody in GA, ex wife claimed AL residency on military orders in GA although I found the deed to the home she purchased in GA. She now lives in LA (moved the wk of court) and is saying she cannot travel due to high risk pregnancy for court where I have now... View More
answered on Apr 28, 2017
You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for... View More
My packet just got sent off to BN Legal on 3-29. How long will it be before it get backs, and I have to go to RHU? My 1st SGT told me estimate two weeks or less. What is the real actual wait?
answered on Apr 3, 2017
Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.
It states we can terminate if we become eligible for housing (military service members)
answered on Feb 21, 2017
This is a state law question - you should go see the base legal assistance office or the base housing office. Generally, you need a letter on official letter head that meets the requirements of state law.
answered on Feb 13, 2017
There is no waiting period - you do, however, have to provide proof of the divorce in a timely fashion to your personnel folks so that they can adjust the dependents.
On another note, quick marriages often raise suspicions by military chains of command.
I want to know if my company commander cam stop the process? I have statements from peers and also from doctors chaplains to I just want to know how to stop the process.
answered on Feb 6, 2017
You need to speak to a lawyer. Hire a civilian if you cannot find a military defense counsel to assist you. You need to have an advocate communicate with your chain of command and/or draft a strong rebuttal statement if you are not eligible for an adsep board.
answered on Nov 2, 2015
Probably, or you could move to have the no contact order modified to a no violent contact order perhaps.
answered on Mar 17, 2015
You should probably ask your CO or contact your local JAG office for an answer. Generally, most lawyers are going to strongly urge people to NOT use their occupational email account(s) to convey personal non job related communications. You can probably guess why.
The ground cause damage to them. These items were two video game disc. One being an older game that had great sentimental value to me and the other an newer more expensive one. When I brought it up to my commander he made it seem like my fault. After I expressed my disagreement he told me that the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
You could file a complaint under Article 139, UCMJ, for damage to the property.
See here. https://www.law.cornell.edu/uscode/text/10/939
The complaint should be addressed to the CO and in writing, explaining in detail what happened and the cost of replacement.
If the CO... View More
A friend of mine, and I started a company. As I am in the Army, he is doing most of the work, and I am doing my best based on the time I have, and mostly online related stuff. Our company would be hitting it's first million dollars soon (hopefully in a few months), and I would love to fully be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
No. You do not have the kind of reason that would warrant an early termination of your contract. Early outs are for hardship, or as another example to go to school if you are within a few months of your EAS.
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.
