Military Law Questions & Answers by State

Military Law Questions & Answers

Q: Can tax problems from before you were in the military affect your standing in the service?

1 Answer | Asked in Military Law for Texas on
Answered on Mar 24, 2017

Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but most importantly you should be candid on the SF-86. Failing to provide complete and truthful information will only create more problems for you later.
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Q: What happens when one military is replaced with a new law? Which law is binding in my compensation claim ?

1 Answer | Asked in Military Law for New York on
Answered on Mar 23, 2017

The answer is as follows:

"The law that was in place at the time the cause of action arose shall be binding, even if said law was modified or overturned during the course of the lawsuit." (the public/legislative policy behind this is that one should not be held responsible for laws allegedly broken that were not even in existence at the time the act "breaking them" occurred.

That said, I would contact a good appeals / constitutional lawyer.

So again, the old law...
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Q: My military ex boyfriend hurt me and left me on a street, what's gonna happen to him if i report it?

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Military Law on
Answered on Mar 22, 2017

Depending on the facts and nature of what he did to you, and it sounds like you mean it to be a physical assault of some sorts - if there is a police report, he could be charged in state court of some form of domestic abuse or assault and battery. A state conviction on a domestic abuse would trigger the Lautenberg Act and he would be prohibited from possessing a firearm - even in the military - and he would not be able to carry a firearm/qualify on the range, and could be put out of the...
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Q: I am currently in the USMC but my residency is Indiana. Can I file for divorce in Indiana even tho I'm stationed in NC?

1 Answer | Asked in Divorce and Military Law for Indiana on
Answered on Mar 21, 2017

If you maintained your residency under the Servicemembers Civil Relief Act, then yes. By that, I am assuming you kept that residence for the purposes of taxes (look at your LES to see where your state taxes are going), kept an Indiana DL, and Indiana plates on your car are all indicators you remain a resident there - so yes you can. The question becomes "why" would you want to do so if you are not living there.
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Q: Do you think I'll be getting chaptered?

1 Answer | Asked in Criminal Law, DUI / DWI and Military Law for District of Columbia on
Answered on Mar 21, 2017

With your youth, relative newness to the Army, and rank - you can expect a harsh Article 15 punishment. Being chaptered is possible, but my experience has been that the Army has invested time and money in you and hopefully they see this as something that's in the past. You need to soldier on smartly, no issues, show up early, stay late, and be seen with the crowd that's good for you. All eyes are on you, so you need to put this behind you if you want to stay in. Losing an Honorable...
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Q: 100% blind disabled veteran seek relief fm incorrect $151k collection from DFAS derived from 5 yrs alleged overpmts

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Military Law for Colorado on
Answered on Mar 20, 2017

Yikes! Due to the sums involved, it is highly recommended that you contact an attorney that specializes in military law and/or military disability claims. Since the VA and DoD are not known for their transparency or efficiency, I suspect that something can be done legally.
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Q: Military disqualifications against minor juvenile records?

1 Answer | Asked in Juvenile Law and Military Law on
Answered on Mar 17, 2017

You need to understand that there is no right to serve in the military, and when the military trains a recruit, they spend tens of thousands of taxpayer dollars. The recruiting standards exist based on probabilities as to who will have and not have problems conforming, serving, and meeting the physical and mental demands of military service. The military is not concerned about how the diagnosis was reached - just that there was a diagnosis.

Most of those who enlist in the military are...
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Q: I am getting a chapter 5-17 which warrants either a honerable or general discharge. I am receiving a general discharge.

1 Answer | Asked in Military Law for North Carolina on
Answered on Mar 16, 2017

Your question is a bit confusing. If you fail to disclose a preexisting medical condition that you knew about, that would be fraudulent enlistment (misconduct). If you did not know about the medical condition but it was discovered soon after your enlistment and existed prior to your enlistment you should receive a Honorable. If you fraudulently enlisted, a General discharge would likely be warranted.

You need to discuss your specific situation with a military law attorney or JAG...
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Q: I am in the Military and have used the SSCRA in my past deployments for many of my Creditors. I am having such a

1 Answer | Asked in Military Law for Virginia on
Answered on Mar 14, 2017

If you are on active duty, you are entitled to military legal assistance services. Go see the base legal assistance office to review your case. If you are entitled to the reduced rate, the base legal office will draft a letter on your behalf.
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Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

1 Answer | Asked in Military Law for Texas on
Answered on Mar 14, 2017

Generally your assertion is correct; however, civil support orders are the most sure way to get paid support during a separation or divorce. Each service has its own rules regarding support to dependents.
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Q: Can you be charged with adultry when having sex with other soilders wife , but was found innocent on rape charges.

1 Answer | Asked in Federal Crimes and Military Law on
Answered on Mar 14, 2017

Absolutely. The consequences vary - sometimes adultery (a violation of Article 134, UCMJ) is dealt with at Article 15 or through a counseling. Sometimes it is dealt with at court-marital. I imagine your husband has an attorney - it is best he speaks with that attorney. If he doesn't have an attorney, he should get one.
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Q: I need assistance with filing a Civil Harassment Restraining order against my sister-in-law. How can I get assistance.

1 Answer | Asked in Civil Rights, Domestic Violence and Military Law for California on
Answered on Mar 12, 2017

See the free court forms on the CA courts website:

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: would you be able to assist me with finding out which codes would be appropriate for my case?

1 Answer | Asked in Personal Injury, Civil Litigation, Medical Malpractice and Military Law for California on
Answered on Mar 9, 2017

You can research such laws for free at your local law library. Many medical malpractice lawyers handle such cases on a contingency. You may want to contact one. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Can an apt owner renege on agreed upon rental terms after leasing agent and renter sign tentative agreement?

1 Answer | Asked in Contracts, Landlord - Tenant and Military Law for Virginia on
Answered on Mar 9, 2017

Generally, a letter of intent is not a binding contract. In addition, it sounds like if the landlord had not signed the lease with the terms that your proposed, the landlord did not make a formal commitment but the lease was still subject to further negotiation.
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Q: Were my friend's rights violated during her military medical appointment?

1 Answer | Asked in Civil Rights, Military Law and Health Care Law for California on
Answered on Mar 3, 2017

Your friend needs to speak with a lawyer who is knowledgeable with regard to military law and the rights of military members. Since you are not the possible client, it is difficult to give advice in such a situation.
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Q: Will the incident in US affect the K1 I have with my filipina fiancee?

1 Answer | Asked in Immigration Law, International Law and Military Law for Utah on
Answered on Feb 28, 2017

The incident may effect her if the government concludes that she was attempting to avoid statutory requirements. However, it sounds like you had documentation to show that this was not the case.
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Q: We are married now and are eligibleFor housing, what do we need to show for this?

1 Answer | Asked in Real Estate Law, Military Law and Public Benefits for Georgia on
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.
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Q: when do ucmj have jurisdiction over a crime

1 Answer | Asked in Military Law for Connecticut on
Answered on Feb 21, 2017

For the active duty component - 24/7, anywhere in the world. For reserves/national guard, the member must be on orders or in a drilling status. There are many nuances with jurisdiction, but those are the basics.
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Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.
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Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Answered on Feb 19, 2017

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.
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