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Alabama Military Law Questions & Answers

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 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 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 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... Read 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 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 a child... Read 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 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 Houser 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... Read 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 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...
Read 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. 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 at... Read 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. 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 things about being in the military is... Read 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... Read more »

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... Read more »

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