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Military Law Questions & Answers

1 Answer | Asked in Military Law and Criminal Law on

Q: What is the procedure to file a case against Military Personnel who have broken a military law?

For a test.please be detailed

Gary Kollin answered on Aug 18, 2019

This sounds like a violation of the HOnor Code.

You are required to do the work, not asking someone else to do the work for you.

This is a public forum. I hope your instructor is not reading this

1 Answer | Asked in Divorce and Military Law for California on

Q: Am I allowed to read my letter to the judge to represent me since I am not happy with my lawyer at CMC hearing?

It has been 18 months now and still no resolution. I am not being prioritized. delay over delay. I need help.

Sanjoy Kumar Guha answered on Aug 14, 2019

There are several reasons why people represent themselves without a lawyer:

In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford...
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1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on

Q: Could VA disability be deducted if child support isn’t being paid?

Homer P Jordan IV answered on Aug 12, 2019

There are some particular cases where they can garnish for child support payments, but it depends on the factors involved in the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Louisiana on

Q: Which Louisiana civil code petition allows me to divorce an active duty soldier?

I have been granted a domestic violence protection order that allows me to file for immediate divorce but I cannot find the correct petition. La Civ. Code 103 states the spouse cannot be an active duty member, and that’s the same petition every attorney hands me.

Ellen Cronin Badeaux answered on Aug 5, 2019

If your spouse consents, you can divorce now. But if your spouse does not consent, you have to wait until 60 days after discharge. That's why you can't find a "form".

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 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 Adoption, Family Law and Military Law for Indiana on

Q: What has to be done to get out of a military contract prior to going to naval academy.

My brother in-law just turned 18 and is about to go to naval academy. The thing is he never wanted to be in the military. Both he and my wife lived in an abusive adopted household and he was forced to enlist. He only just turned 18 and finally moved out, he is willing to do all most anything, even... Read more »

John Mario Acosta Jr. answered on Aug 1, 2019

Based on the information provided in your question he would have to contact the school if he is to attend college, if he has an enlistment contract he would have to talk to the recruiter who signed him up to try and void it. If her can't by the time he is supposed to leave I would advise him to... Read more »

1 Answer | Asked in Criminal Law and Military Law for Indiana on

Q: Been wanting to join the army but i have a level 6 felony the lowest of felonies that i pleaded to a lesser charge

How can i get a waiver to enlist

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information contained in your question it would be up to a recruiter to apply for the waiver to enlist, nothing really an attorney can do for you.

1 Answer | Asked in Criminal Law, Health Care Law, Juvenile Law and Military Law for Iowa on

Q: 14yo boy steals military explosives and tells therapist in Iowa. Does therapist tell? What's her duty?

This is a question for a test (not real life)

Peter D. Mlynek answered on Jul 19, 2019

This is a classic test question that has to do with the balance of privacy of patients vs the protection of property/health/life.

To answer this question, see Tarasoff. https://en.wikipedia.org/wiki/Tarasoff_v._Regents_of_the_University_of_California .

I think that the therapist...
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1 Answer | Asked in Military Law for Mississippi on

Q: Can a convicted felon, who is married to a retired veteran, live in off-base military housing open to the public?

Paul E. Tennison answered on Jul 17, 2019

Yes, unless there is a specific law that would prohibit such conduct. I am unaware of a law that limits who may live in off-base military housing. This may be an issue where the rules and regulations set by the post commander may apply.

1 Answer | Asked in Divorce and Military Law for Tennessee on

Q: Do I have grounds to file for a uncontested divorce?

My wife has moved to another state and has been gone from our home for more than 30 days and I can’t contact her. But she contacted my chain of command through a redcross message to get money from me.

Anthony M. Avery answered on Jul 16, 2019

No that is not grounds for abandonment. If possible get an agreed Irreconcilable Differences Divorce. Sometimes you can send papers through the Spouse's Family. Being in the Military has its own special

requirements, so you need a competent attorney to represent you now. This...
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1 Answer | Asked in Military Law for California on

Q: I was separated from the US navy while in boot camp for a kidney stone. I want to reenlist but now I am 40 years old.

My private Dr cleared me to go back. I might also need an age waiver.

Paul E. Tennison answered on Jul 10, 2019

Speak with a recruiter. Their job is to get people to enlist. They can educate you on the current waivers available. Keep in mind each of the services have different recruitment policies so you may want to check with each of the branches of the US Military. Good luck.

1 Answer | Asked in Divorce and Military Law for Texas on

Q: How do I apply for and file for a divorce from my abusive husband. I'm in CA and afraid to go home in Lone Star, TX

He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any problems. It's my... Read more »

Paul E. Tennison answered on Jul 3, 2019

I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an... Read more »

1 Answer | Asked in Military Law for Texas on

Q: 17 yr old daughter returned home from the military as she is being held against her will and without parental consent

Paul E. Tennison answered on Jul 3, 2019

This question is unclear, I do not understand what you are asking here.

1 Answer | Asked in Military Law for Massachusetts on

Q: Can a civilian be banned from an Army Reserve building without any documentation? Who has the legal right to ban them?

My coworkers husband was just banned from entering the building by our chain of command.

Paul E. Tennison answered on Jul 1, 2019

I believe the answer to this question is yes. The commander of the building has that authority to not allow people in the military building. I am unaware of any requirement for documentation.

2 Answers | Asked in Military Law, Real Estate Law and Tax Law for Georgia on

Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.

We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.

Andrew M Steiger answered on Jun 20, 2019

That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of... Read more »

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1 Answer | Asked in Personal Injury, Military Law and Social Security for Georgia on

Q: What rights does my daughter have if injured during Army BCT (Georgia NG)? NG is trying to discharge her.

My daughter was injured last summer, 3 days from Army BCT graduation. She suffered 3 hip/pelvic fractures, was sent home to REFRAD. She was scheduled to go back this week and the CT scan showed that one fracture is still not healed. We are waiting to get more details from the specialist. Her RSP... Read more »

Paul E. Tennison answered on Jun 11, 2019

As far as her rights to continue her basic training, that is a question for her RSP leadership and not really a legal question. If she has until June 2020 to finish her basic training then her leadership should do the right thing and give her more time to heal before going back. However, they may... Read more »

1 Answer | Asked in Military Law for Michigan on

Q: I need some help with medical disqualifications

My name is Michael, I'm a 20 year old who was diagnosed with asperger's autism at a young age. I was told by a marine recruiter that asperger's autism is a disqualification for joining any branch of the military, is that true? I need some clarity

Brent T. Geers answered on Jun 2, 2019

Your best bet is to check with recruiters from the different branches; each branch has different criteria. Military recruiting standards fluctuate, and some disqualifiers can be waived. Ultimately, though, you'll need to find a recruiter willing to work with you. All recruiters have quotas and thus... Read more »

1 Answer | Asked in Military Law for Wyoming on

Q: A friend joined the guard a few weeks ago. Has not been to drill or basic training. She wants out because of her

Recruiter made her lie at meps and trying to date her. Now she’s being threatened with going to jail if she doesn’t come to drills or go to basic training. Can that happen?

Anthony M. Avery answered on May 3, 2019

Yes. Joining the Military is a very serious matter. Going AWOL is seriously frowned upon by the Court and Prosecutor if her National Guard Commander swears out a Warrant. She also does not want an Other Than Honorable Discharge as it will ruin her life. A Dishonorable Discharge or Bad... Read more »

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Military Law for Louisiana on

Q: I have served in the Combat Zone in Desert Shield and Desert Storm. I have submitted numerous of documents supporting .

I have submitted hazardous duty tax documents.

Ellen Cronin Badeaux answered on Apr 19, 2019

Can't tell what your question is.

1 Answer | Asked in Divorce and Military Law for Colorado on

Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.

Am I required to still pay the alimony as she has remarried?

John Hyland Barrett III answered on Apr 2, 2019

This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... Read more »

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