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Georgia Military Law Questions & Answers
1 Answer | Asked in Military Law for Georgia on
Q: Can my friend’s Medical retirement benefits be taken away for fraternization while he was in the Army?

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

Patrick Korody
Patrick Korody
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...
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2 Answers | Asked in Divorce, Child Support and Military Law for Georgia on
Q: My husband just medically retired from the Army after 10 years. We were married the entire time. Will I get spouse supp.

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.

Regina Irene Edwards
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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.

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1 Answer | Asked in Family Law and Military Law for Georgia on
Q: Will judge grant emergency guardianship so that Custodial parent can enlist in the military? NCP is unfit.

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

P. Justin Thrailkill
P. Justin Thrailkill
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.

1 Answer | Asked in Child Custody and Military Law for Georgia on
Q: Where do i go to get documents saying i don’t have full custody of my kids. Trying to join the military
P. Justin Thrailkill
P. Justin Thrailkill
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.

1 Answer | Asked in Family Law, Military Law and Divorce for Georgia on
Q: Married 25 yrs to retired military man. He had 2 children out of wedlock. How long can I file for seperation/divorce.?

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

Ellaretha Coleman
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Ellaretha Coleman
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

1 Answer | Asked in Child Support, Family Law and Military Law for Georgia on
Q: Military wife with 2 kids outside my marriage while husband in Irag. Husband still supports us but is not in the home

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

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 21, 2017

No, you can not double dip. Your husband can contest paternity in the divorce action.

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Q: Would use of military recruit traing Discipline fall under child abuse for mental and physical
William C. Head
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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.

1 Answer | Asked in Military Law for Georgia on
Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have

My commander told my father 1 to 2 weeks I could be out.

Robert Donald Gifford II
Robert Donald Gifford II
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.

1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Q: How can I force my ex spouse to appear in court?

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

Robert Donald Gifford II
Robert Donald Gifford II
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

1 Answer | Asked in Employment Law, Personal Injury and Military Law for Georgia on
Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?

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?

Robert Donald Gifford II
Robert Donald Gifford II
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.

1 Answer | Asked in Real Estate Law, Military Law and Public Benefits for Georgia on
Q: We are married now and are eligibleFor housing, what do we need to show for this?

It states we can terminate if we become eligible for housing (military service members)

Patrick Korody
Patrick Korody
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.

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Q: Will the Army recognize a new marriage if you get divorced and if so do they have a waiting period?
Patrick Korody
Patrick Korody
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.

1 Answer | Asked in Military Law for Georgia on
Q: Hi Ive been recommended to get chaptered out of the army with a chapter 14 and I'm in ait but I do not want to leave

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.

Patrick Korody
Patrick Korody
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.

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Q: If you been sentence on probation and no contact order. Can u marry vitim n go to army with her when probation is up
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 2, 2015

Probably, or you could move to have the no contact order modified to a no violent contact order perhaps.

1 Answer | Asked in Military Law for Georgia on
Q: I am in the army and today during room checks my sergeant through several items of mine onto

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

Philip D. Cave
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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...
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1 Answer | Asked in Military Law for Georgia on
Q: My company is about to make its first million. Can I get out of the Army earlier so I can put in more time and effort?

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

Philip D. Cave
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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.

2 Answers | Asked in Military Law for Georgia on
Q: Hello I have a few questions. It is authorized to use your military email account to conduct personal business?
Michael D. Birchmore
Michael D. Birchmore
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.

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