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Military Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

1 Answer | Asked in Military Law for Florida on
Q: Is it legal for the VA to keep my entire disability pension check to satisfy a debt they determined I owe. I can't live
Gregory M. Rada
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Gregory M. Rada
answered on Sep 16, 2022

You can request to be put on a payment plan by calling VA at 800-827-0648 or by going to this website: https://www.va.gov/manage-va-debt/

1 Answer | Asked in Military Law on
Q: If I am a former prisoner at a military correctional facility am I allowed to contact other former inmates?

I just want to make sure they are safe and got to where they needed to be. I want to help the guys who werent as lucky as me to have a good support system. I am not on parole, I am not released on any conditions.

Sean F. Mangan
Sean F. Mangan
answered on Sep 12, 2022

It depends on the conditions of your release. For service members who served a longer sentence (those over 10 years and usually those over 20) there is the possibility of early release through a parole system. When released, those individuals may carry similar conditions on release that limit who... Read more »

1 Answer | Asked in Child Custody and Military Law for North Carolina on
Q: Does only the judge have to sign a temporary custody agreement due to military deployment (this is after he deployed)

On the order filed against us, they crossed out where the plaintiff, defendant and her attorney would have signed. Are they not required to sign the “motion” that was filed? My husband had primary custody of my stepdaughter that I have raised for the last 8 years and BM moved to NC when she... Read more »

Sean F. Mangan
Sean F. Mangan
answered on Sep 12, 2022

A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a... Read more »

2 Answers | Asked in Divorce and Military Law for California on
Q: Can old, deleted, text messages be subpoenaed from AT&T to assist in divorce?

I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 22, 2022

This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
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Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore...
Read more »

1 Answer | Asked in Divorce and Military Law for Georgia on
Q: Do i pay alimony still if a judge say it starts Oct 1st. But the money will be coming from my military retirement pay.

Which it will take 2-3 months to kick in. Do I have to pay alimony the in between time? Or she can wait? Also, what wording can I use to just have them wait until military pay's them directly?

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 17, 2022

October 1st means October 1st. She doesn't have to wait.

1 Answer | Asked in Civil Litigation, Constitutional Law, Government Contracts and Military Law for California on
Q: How to serve the Defendant documents in a federal civil case?

Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions.

1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself?... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 22, 2022

1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself)

2) you must serve defendant's counsel with all papers in the case, not the defendant himself

3) service deadlines mean the documents must be...
Read more »

1 Answer | Asked in Real Estate Law and Military Law for Maine on
Q: What can I go for as far as damages when a seller fully breaches a contract for a home sale?

Sellers home loan fell through on their home purchase, however, our contract to buy had no contingency about the seller purchasing a home. We were unaware they were waiting to purchase one. Seller did not show up to closing, and informed us just an hour before our final walk through they were... Read more »

Fred Bopp III
Fred Bopp III
answered on Jul 19, 2022

Depending on the terms of your Purchase and Sale Agreement, and assuming the sellers have breached that Agreement, you have two general options to consider pursuing, which are mutually exclusive. First, you can seek the return of your earnest money deposit. Additionally, you can seek money damages... Read more »

2 Answers | Asked in Personal Injury, Environmental and Military Law on
Q: I just saw the Camp Lejeune news. What are the expected Camp Lejeune water contamination lawsuit settlement amounts?
Tor  Hoerman
PREMIUM
Tor Hoerman
answered on Jul 19, 2022

Currently, it is hard to estimate what the typical settlement amount for a Camp Lejeune Water Contamination Lawsuit would be.

If the Camp Lejeune Justice Act passes, more detailed information will be released on payout amounts over time.

The settlement amount for each individual...
Read more »

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1 Answer | Asked in Civil Rights, Contracts and Military Law for California on
Q: I am a 56 yr African American veteran ( first Gulf War ). I was denied my right to file a formal complaint by the SF VA

One of the services I am eligible for is the VA RideShare Program. Staff at the Medical Center arrange transportation for veterans ( Dr. appts and other necessary trips ). I discovered soon after using the service, that the cost of many of the trips had been debited from my personal bank... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

you need a lawyer who specializes in Veterans Benefits, not just a personal injury lawyer. Google that if you don't get an answer on this site.

A PI is more like car accidents and slip and falls.

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Military Law for Tennessee on
Q: i’m in the tennessee army national guard. i had a question about legal action on attending drill dates.

if i chose to stop attending my monthly drills, what legal action could ensue? i know since i’m not an active duty soldier it’s a state to state basis but am not able to find anything regarding the tennessee laws on the matter. thanks in advance!

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 17, 2022

You can be arrested for AWOL and Theft Of Property, as well as receiving a bad Discharge.

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
Eric Todd Kirk
answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

2 Answers | Asked in Criminal Law, Federal Crimes and Military Law for Tennessee on
Q: So if one decided to purposely go AWOL from the Tennessee National Guard, what penalty would they face besides discharge
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 4, 2022

It could be a Felony, or a Misdemeanor with alot of Restitution required. The Soldier should talk to his Commander and First Sergeant and take the Military penalty without criminal charges being filed. The Courts can be very rough on AWOLs. At least hire an attorney that knows the TN NG, as a... Read more »

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1 Answer | Asked in Military Law for Tennessee on
Q: When hunting while on military leave in the state of TN how do I check in or tag an animal?

2010 Tennessee Code

Title 70 - Wildlife Resources

Chapter 2 - Licenses and Permits

Part 1 - General Provisions

70-2-103

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 2, 2022

Go to the TWRA website. Your Leave Orders are necessary and most of it can be done on a smart phone.

1 Answer | Asked in Criminal Law and Military Law for Louisiana on
Q: What administrative remedies can a pre-trial litigant use?

It's a military case

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 14, 2022

Not nearly enough information to answer the question.

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 9, 2022

You don't mention what type of case you are asking about. If it is a claim for service-connected compensation, I or another attorney can review your case and no attorney can charge you for that. The same is true for a Social Security disability claim. An attorney can discuss the case with you,... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... Read more »

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
Read more »

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