Lawyers, Answer Questions  & Get Points Log In
Illinois Military Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
View More

1 Answer | Asked in Military Law for Illinois on
Q: If you get stationed overseas&get separated by general discharge&miss the military flight out ofthe country,what happens

Say you get a general discharge under non honorable conditions, and the military pays for your flight back home, what would happen if you just never boarded the flight and stayed in said country?

Would the 90 day tourist rule still apply? What if you were to turn around and marry someone... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If a service member is separated from the military while stationed overseas and misses the military flight out of the country, they may be required to arrange for their own transportation out of the country at their own expense. Additionally, missing a military flight or failing to follow orders... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Illinois on
Q: my and my roomate was served a search warrent and charged together,roomamte took all charges ,shouldnt mine be dismissed

i was jailed when i did not answer the questions being asked while detained,and i did not see the warrant til i was bonded out 10 days later,also wasnt given a copy of the seisure list of items they took as evidence from my home,mine and mine alone is the only name on the lease and i wasnt home... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Thank you for your excellent description of the origins of the pending criminal case. Even if you feel your criminal charges against you should be dismissed, that could be done only during a court hearing or by the assigned local prosecutor. Also, as you may know by now, the criminal case of that... View More

1 Answer | Asked in Divorce and Military Law for Illinois on
Q: Ex spouse/mil pension/VA disability

I retired in 2018. I receive VA disability pay for an 80% rating. I also receive a military pension. As part of a divorce, I must pay 40% of my gross mil pension to ex spouse. Is it possible to waive mil pension in exchange for exclusively receiving VA comp in order to discontinue paying out to ex... 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 10, 2021

If you are above a 60% rating, then you receive concurrent payments. You receive your disability and your retirement. You can not waive the retirement portion to receive disability above what you are already receiving.

1 Answer | Asked in Military Law for Illinois on
Q: In search of a military lawyer
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2019

There are military lawyers on this site. You could use the Find-a-Lawyer tab above, you could conduct your own independent searches, or you could contact the Illinois State Bar Association to see if they have any resources that might be helpful. Good luck

Tim Akpinar

1 Answer | Asked in Child Support, Divorce and Military Law for Illinois on
Q: What can i do about my outrageous child support amount? i left the military and i tried to change the amount.

The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Aug 2, 2019

It sounds likes you need a lawyer in Hawaii to file a motion to modify child support based on your change in income.

1 Answer | Asked in Military Law for Illinois on
Q: I might be getting punished for Unauthorized Absence.

Ive recently been caught as technically UA because I didn't report to 'holds" after graduating from A school. Instead, I decided to only show up for the all hands musters, and take walking passes to various destinations like the college counseling center and the library (all passes... View More

Angelina Bradley
Angelina Bradley
answered on Sep 28, 2018

Your submission doesn't really state a question, but if you're asking what your options and exposure are, you have a couple options. Head to the DSO North detachment during walk-in hours for a PERSREP appointment, which will be free, or reach out to a civilian military justice... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Illinois on
Q: My daughter's father is a marine, finishing training in California, I'm curious how would a child support case proceed?

Paternity was established when he signed the hospital paperwork. And he hasn't given me any money whatsoever thus far.

Juan Antonio Lozada
Juan Antonio Lozada
answered on Jul 6, 2017

You may not need a lawyer to ensure that your daughter's father pays child support as long as you know his unit of assignment and have a phone number to his commanding officer. Under Navy regulations (see link below) military personnel has an obligation to pay adequate support to any a... View More

1 Answer | Asked in Military Law for Illinois on
Q: Received an OTH. CO recommended a General. Served for 2.5 years. Am I able to get it upgraded to General?

I served overseas in the US Marines for 2.5 years. Received a couple of awards for good work etc. Basically I had "trouble" with the liberty policy at the time and as a result was NJP'd 3 times. My Commanding Officer recommended to the Commanding General I receive a... View More

Patrick Korody
Patrick Korody
answered on May 16, 2017

Your chances of an upgrade are slim without finding some type of a procedural error. Your chances of success increase with an attorney, which can be expensive, as you are paying for knowledge, experience, and ability to spot issues and write persuasively.

As a Marine, you first want to...
View More

1 Answer | Asked in Child Support and Military Law for Illinois on
Q: My father was in the military all my life he never paid child support I was wondering can I get back child support
Ray Choudhry
Ray Choudhry
answered on May 8, 2017

The same answer as your previous question.

2 Answers | Asked in Child Support and Military Law for Illinois on
Q: My father was in the military all my life he never paid child support I was wondering can I get back child support

S

Ray Choudhry
Ray Choudhry
answered on May 8, 2017

Child support is owed to the custodial parent not the child.

Why did your mother not collect child support.

There a million reasons why people do what they do.

Maybe they had their own side bar agreement that if he didn't get involved she wouldn't go after him for...
View More

View More Answers

1 Answer | Asked in Military Law for Illinois on
Q: My husband received a discharge "under other than honorable conditions" out of the army reserve.

At the time, he did not understand what this meant. Now he does and it means he cannot access any benefits in his future. All he remembers is missing two drills when he was working out of state. His unit was undergoing a change in command at the time and he tried to talk to someone about... View More

Patrick Korody
Patrick Korody
answered on Feb 6, 2017

A lawyer will be able to identify any procedural issues with the discharge, which are generally the most successful arguments at a discharge review board/board of corrections. If he received an OTH, he was board eligible and should not have a waived his right to a board. If they did not offer him... View More

1 Answer | Asked in Immigration Law and Military Law for Illinois on
Q: Is there a way to apply to remove condition on my green card early? or any other options?

My husband is active member in the military and currently have a remote order going to korea this April 2016, I am a conditional resident and my son is us citizen) only been here for a year (got here Jan.05, 2015) and having only one car i wasnt able to learn how to drive, now that my is PCSing to... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 19, 2016

You can get a re entry permit which will allow you to stay out of the US for 2 years without abandoning your green card. Being a green card holder for one year might make the removal of conditions petition a little hard but you should talk to an attorney to get you started with the procedure as... View More

1 Answer | Asked in Military Law for Illinois on
Q: Questions about applying for my VA benefits claims

I was radioman morse code operator in the Navy from 1958-62, and also involved with USAR communications, artillery,Tanks, and the pistol team.

USAR Rifle expert 4 Army pistol team member. Senior instructor marksmanship. total 12 years discharged in 1995.

I have not filed a claim... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

Contact The John Marshall Fair Housing Clinic Veteran's Clinic. http://www.jmls.edu/veterans/.

2 Answers | Asked in Military Law for Illinois on
Q: Can military retirement benefits be taken away after serving twenty plus years and receiving an honorable discharge
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

I am sorry to hear that your benefits were terminated. I do not practice in thus type of law but my alma mater, The John Marshall Law School, has a Veteran's Legal Support Center, where you may be able to get free advice on veteran's benefits issues. Contact:

Joseph R....
View More

View More Answers

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.