Illinois Military Law Questions & Answers

Q: I might be getting punished for Unauthorized Absence.

1 Answer | Asked in Military Law for Illinois on
Answered on Sep 28, 2018
Angelina Bradley's answer
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 practitioner like myself for a consultation.

Good luck.

Q: My daughter's father is a marine, finishing training in California, I'm curious how would a child support case proceed?

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Illinois on
Answered on Jul 6, 2017
Juan Antonio Lozada's answer
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 dependents. You must contact his chain of command and cite the regulation below, within a week, they should call him and read him a counseling about his family obligations, during that counseling session, he...

Q: Received an OTH. CO recommended a General. Served for 2.5 years. Am I able to get it upgraded to General?

1 Answer | Asked in Military Law for Illinois on
Answered on May 16, 2017
Patrick Korody's answer
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 apply to the Naval Discharge Review Board. There is no application fee. You have 15 years from the date of your discharge to apply. The standard is whether the discharge was inequitable or improper at...

Q: My father was in the military all my life he never paid child support I was wondering can I get back child support

2 Answers | Asked in Child Support and Military Law for Illinois on
Answered on May 8, 2017
Ray Choudhry's answer
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 child support.

Anyway, the usual rule in Illinois is that child support starts from the time the Paternity case is filed or served on the father.

Q: My husband received a discharge "under other than honorable conditions" out of the army reserve.

1 Answer | Asked in Military Law for Illinois on
Answered on Feb 6, 2017
Patrick Korody's answer
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 a board, his discharge should be upgraded and/or he should be reinstated.

Q: Is there a way to apply to remove condition on my green card early? or any other options?

1 Answer | Asked in Immigration Law and Military Law for Illinois on
Answered on Jan 19, 2016
Shan Dimitris Potts' answer
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 soon as possible so you can get it approved before your husband leaves to korea. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney...

Q: Questions about applying for my VA benefits claims

1 Answer | Asked in Military Law for Illinois on
Answered on Aug 16, 2012
Timothy J. Deffet's answer
Contact The John Marshall Fair Housing Clinic Veteran's Clinic. http://www.jmls.edu/veterans/.

Q: Can military retirement benefits be taken away after serving twenty plus years and receiving an honorable discharge

2 Answers | Asked in Military Law for Illinois on
Answered on Aug 8, 2012
Timothy J. Deffet's answer
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. Butler

Assistant Professor

Co-Executive Director, Veterans Legal Support Center & Clinic

The John Marshall Law School

315 South Plymouth Court

Chicago, Illinois 60604

Phone:...

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