Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Military Law Questions & Answers
1 Answer | Asked in Civil Rights, Military Law and Municipal Law for Alabama on
Q: Can I sue a judge for denying vehicle registration despite proper documentation?

I have been repeatedly denied over the last three years by a probate judge to register my vehicle and receive a disabled veteran’s tag, despite having all the proper documentation from the VA detailing my military service and disability rating. Today, on August 19, 2025, the judge explicitly... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2025

You are dealing with a situation that strikes at the core of fairness in government action. If a probate judge is openly admitting that his denial of your application is based on personal feelings rather than the law, that raises very serious constitutional concerns. Vehicle registration and... View More

1 Answer | Asked in Divorce, Military Law and Family Law for Alabama on
Q: Can I receive survivor benefits from ex-husband's Air Force pension?

I'm receiving half of my ex-husband's Air Force retirement benefits. He recently mentioned that he has filed paperwork to ensure that I continue to receive half of the pension as survivor benefits after his death. However, there was no mention of survivor benefits in our divorce decree.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2025

Yes, you may be able to receive survivor benefits from your ex-husband’s Air Force pension, but certain conditions must be met for that to happen legally. The military uses a program called the Survivor Benefit Plan (SBP), which allows retired service members to designate a former spouse to... View More

1 Answer | Asked in Adoption, Military Law and Family Law for Alabama on
Q: Can my grandfather adopt me for military benefits before I turn 18, and can hearings be expedited?

I am 17 years old and will be turning 18 on August 6th. My grandfather, who is a U.S. citizen and has a 100% military disability, wants to adopt me so I can benefit from his GI Bill to pay for my school tuition and housing. My father has not supported my family financially for years, and my mother... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

You can move quickly, but finalizing adoption in under a month will be challenging without full consent.

Start by filing a petition in your county’s family court asking to waive your father’s consent under the “best interests of the child” standard. Explain the lack of support and...
View More

1 Answer | Asked in Child Support, Divorce, Military Law and Family Law for Alabama on
Q: Child support obligations as child turns 19, considering college plans and divorce agreement specifics.

I live in Alabama, and my child is turning 19 in a few months. I currently pay child support to her mom, but my divorce papers state that support ends at 19. My child may attend college, where she will receive VA benefits. Do I need to take any action regarding child support, and if so, when should... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

In Alabama, child support generally ends when a child turns 19, which is considered the age of majority under state law. If your divorce agreement specifically states that child support ends at 19 and does not include any provisions for college expenses beyond that age, then your obligation should... View More

1 Answer | Asked in Military Law, Personal Injury and Workers' Compensation for Alabama on
Q: Can I seek compensation for exposure at Fort McClellan, AL?

I served at Fort McClellan, AL, from 1994 to 1995, and the base was later closed due to contamination with biological agents. I'm experiencing numbness in my legs, and I've been advised that a specific test is necessary to confirm exposure. Although I sent my information to the VA,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2025

You may still be able to seek compensation, even if you do not qualify as a veteran under standard VA guidelines. Although VA benefits typically require two years of active-duty service or qualifying conditions such as a service-connected disability, exposure-related claims can sometimes be... View More

Q: Kicked out, belongings burned, threats received. Legal steps in Alabama?

I was suddenly kicked out of my living arrangement without prior notice, and the person responsible sent me photos of my belongings being burned, including my military paperwork and prescription medications. They also threatened me with violence if I returned. I have saved the threatening text... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025

You should call your local police or dial 911 right away to report the threats, harassment, and destruction of property. Ask for an official incident report covering the burned belongings and the photos and texts you’ve saved. You can then seek a temporary protective order through the county... View More

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: Can I sue if a company breaks a promise to hire me after military training?

I was working for a temporary service at a large company and was in the process of being hired permanently. I had to leave for basic military training and was promised my position would be held for me. I even saw the offer letter and the scheduled class for my hiring, which was before I left.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025

It sounds like you are in a challenging situation. When you leave for military service, there are federal laws, like the Uniformed Services Employment and Reemployment Rights Act (USERRA), that protect your job and employment rights. This law mandates that employers must reinstate employees... View More

1 Answer | Asked in Criminal Law and Military Law for Alabama on
Q: If you go awol in basic training for around 150 days, is there any way you can get discharged earlier than your serving
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2024

If you've gone AWOL from basic training for 150 days, you're likely in a serious situation. Being AWOL for that long can escalate to desertion charges, which might lead to court-martial or other severe penalties. The military takes these situations very seriously, and the consequences can... View More

1 Answer | Asked in Military Law for Alabama on
Q: I contacted veterans guardian for help on my va benefits. But due to my memory loss they tried to get me to pay $300.

What can I do for the false information they give me on helping me then saying since I won’t pay to see their doctor when I said I have insurance and they refuse to send me to one my insurance will pay for and said my memory loss is not gonna help but told me up front that was not an issue. And I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2024

It sounds like you're dealing with a frustrating situation where the company misled you about their services and has now refused to assist you after gathering your personal information. You should start by documenting everything, including all communication you had with Veterans Guardian and... View More

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... View More

Philip D. Cave
PREMIUM
Philip D. Cave pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Child Support, Family Law and Military Law for Alabama on
Q: my ex husband is being activated for 6 months. he is national guard and we have 50/50 custody.

We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2021

Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: What do I need to do if I was fired from my job a month after I was activated with my reserves unit?

I have worked with my employer since Nov. 2018. In March of 2020, our restaurant was switched to curbside pickups only. They gave us the option to switch to unemployment because they would only keep a couple employees to work due to covid. April, I received orders for active duty starting 4/20 for... View More

Kyle Anderson
Kyle Anderson
answered on Sep 30, 2020

I highly recommend reaching out to an employment attorney in your area to discuss options. This sounds like discrimination based on military service, which would be a violation of USERRA. The employer is required to place you back in the same position (or the position you would have attained had... View More

1 Answer | Asked in Military Law for Alabama on
Q: What type of lawyer would be best for me if I'm submitting a DD-293 Application For The Review Of Discharge from USMC?
R. Davis Younts
PREMIUM
R. Davis Younts
answered on Aug 24, 2020

Great question. You want an attorney that has military experience as well as experience actually appearing before the Discharge Review Board. There are many attorneys that dabble in military law. You want someone with extensive military experience that practices before the Board frequently.... View More

1 Answer | Asked in Criminal Law and Military Law for Alabama on
Q: It’s my first offense and I’m also in the military I got a UPOM2 charge and I’m black what’s are my chances in court
Sheila Crumley Field
Sheila Crumley Field
answered on Aug 6, 2020

Very good. You have several options available. You can enroll in the PReTrial Diversion Program (PTIP) that is like probation except when you finish your case is dismissed. Or there is always Veterans Court which is the same thing, probation but when you finish your case is dismissed. Terms are... View More

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: I have been served divorce papers. I can not afford legal representation. The divorce is final 7.30.2020. What can I do

to secure my alimony? I am a military spouse.

Kristine Jones
Kristine Jones
answered on Jul 23, 2020

Hello. You can contact the Birmingham Volunteer Lawyers and ask for their help. Best of luck.

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: Q: I am married for 12 years in June 2020. My name is not on the deed and it is heir property left to my husband.

What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 2, 2020

If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... View More

1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on
Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?
Timothy Denison
Timothy Denison
answered on Dec 3, 2018

Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

1 Answer | Asked in Military Law for Alabama on
Q: I’m 18 and I am wondering if I will be automatically emancipated if I join the National Guard?
Angelina Bradley
Angelina Bradley
answered on Aug 1, 2018

If you are 18, you've already reached the age of emancipation. This is not dependent on you enlisting in the National Guard.

Good luck!

1 Answer | Asked in Military Law and Personal Injury for Alabama on
Q: Do I have a viable lawsuit?

I have suffered from various illnesses since infancy. My father is a veteran who served in the Gulf War. He believes my health problems are due to chemicals he was exposed to in the war. He would like to know if I have a viable lawsuit again government. If so, how would I go about proceeding?

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jan 23, 2018

This is a very complex situation for which you need to contact a legal expert in cases of toxic exposure. It requires thorough evaluation, which I or another lawyer cannot provide without knowing more information about your case. Depending on a variety of factors, such as the severity of your... View More

1 Answer | Asked in Child Custody, Family Law and Military Law for Alabama on
Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody

transfer custody from the biological mother to the other named adult in said document. Will the named adult that guardianship is being granted to be able to claim child as a dependent for health care purposes.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 16, 2017

Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.