Alabama Military Law Questions & Answers

Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?

1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on
Answered on Dec 3, 2018
Timothy Denison's answer
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

Q: I’m 18 and I am wondering if I will be automatically emancipated if I join the National Guard?

1 Answer | Asked in Military Law for Alabama on
Answered on Aug 1, 2018
Angelina Bradley's answer
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!

Q: Do I have a viable lawsuit?

1 Answer | Asked in Military Law and Personal Injury for Alabama on
Answered on Jan 23, 2018
Gregory Andrews Cade's answer
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 diagnosis and the causal relationship between the hazardous agent in question and your illness, you may indeed be eligible for recovering financial compensation for secondary exposure to chemicals....

Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody

1 Answer | Asked in Child Custody, Family Law and Military Law for Alabama on
Answered on Sep 16, 2017
Mr. James Parrish Coleman's answer
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 while the parent is unable to. You can't draft a power of attorney -- or any other document which I suppose you got off the internet -- which will grant legal custody from a parent to some other person....

Q: Our son graduated in May, turned 18 in June. Was sworn in the military while still in high school and getting paid from

1 Answer | Asked in Family Law and Military Law for Alabama on
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
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.

Q: Im in the military and stations in NC but my hometown is in Alabama.

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Alabama on
Answered on Sep 1, 2016
Amanda Bowden Houser's answer
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 works out to be less than you could do it yourself. Feel free to contact us if you have other questions.

Q: I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for

1 Answer | Asked in Military Law for Alabama on
Answered on Apr 2, 2015
Philip D. Cave's answer

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.


You have 15 years from date of discharge to apply. This is a hard deadline.

If you have substantial procedural error, the quicker you apply the better-don't sleep on your rights. It's tough to do. Without evidence the Boards apply the "presumption of...

Q: I am in the military my daughters mother is taking me back for more child support, can my housing allowance and clothing...

1 Answer | Asked in Military Law for Alabama on
Answered on May 13, 2014
William E. Scully Jr.'s answer
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: Take a look at section (B)(4). There is also case law in Alabama that I don't have time to look up right now.

Q: Can a married soldier be in a singe soldier room

1 Answer | Asked in Military Law for Alabama on
Answered on Apr 10, 2014
William E. Scully Jr.'s answer
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 that there are a whole lot of things that can be illegal that aren't illegal for the rest of humanity. The Uniform Code of Military Justice is a list of laws that soldiers are expected to abide by....

Q: Can a Navy mother get full custody if she feels the father is not proving the best interest of the children?

1 Answer | Asked in Military Law for Alabama on
Answered on Apr 4, 2014
William E. Scully Jr.'s answer
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 custody is impossible, just difficult...and expensive. A couple of other things bother me about this question. If mom is in the Navy, WHERE is she in the Navy. I'm not aware of any Navy installations...

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