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Illinois Military Law Questions & Answers
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... Read 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... Read 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... Read more »

Sabra M. Janko
Sabra M. Janko 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... Read 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... Read 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... Read 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... Read 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... Read 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...
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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


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...
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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... Read 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... Read 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... Read 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... Read 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... Read more »

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

Contact The John Marshall Fair Housing Clinic Veteran's Clinic.

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....
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