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Georgia Military Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

1 Answer | Asked in Military Law for Georgia on
Q: When having to move due to military orders. Will the service member receive their deposit back in full?
James L. Arrasmith
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answered on Dec 11, 2023

Under the Servicemembers Civil Relief Act (SCRA), a service member who has to move due to military orders is typically entitled to certain protections, including the ability to terminate a residential lease early without penalty. When you receive military orders requiring you to relocate, you have... View More

2 Answers | Asked in Military Law for Georgia on
Q: Military Veterans having problems getting on Military Installations for services

Does anyone have experience helping veterans respond to issues getting on post for, administrative, general and medical services? A new police came out that require waiver for people that had past legal issues. /// "In accordance with Homeland Security Presidential Directive (HSPD) 12,... View More

James L. Arrasmith
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answered on Oct 15, 2023

Navigating military directives and policies can be intricate. Homeland Security Presidential Directive (HSPD) 12 and the associated Army directives you mentioned establish policy for a common identification standard for federal employees and contractors, impacting access to military installations.... View More

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1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... View More

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
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...
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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.

2 Answers | Asked in Divorce and Military Law for Georgia on
Q: I retained a lawyer two years ago and nothing has been done. I paid a deposit and have yet to receive help. Help!?

I paid a retainer and have spoke to 4 different paralegals in two years. Nothing has been done other than a few questions last year. I have not paid my balance because she never did anything initially. It's a case of fraud from a divorce by publication.

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 13, 2021

You can always decide to fire your attorney, ask for a refund of any unearned fees and hire someone else to finish your case.

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2 Answers | Asked in Workers' Compensation and Military Law for Georgia on
Q: If I am fired for not doing the light duty work , are they still liable for the medical bill.

It’s a Workman’s Comp claim, knee injury and I injured my back outside of the job and haven’t returned to work.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Feb 1, 2021

Most of the time, yes! There are basically two kinds of work accident claims: accepted and denied claims. If your claim was accepted, and the medical care is also accepted, then your medical bills with authorized doctors (i.e. the company's doctors) must be paid by work comp. That said, the... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Military Law for Georgia on
Q: Good afternoon i have an issue with my spouse (married in the army) we have not lived together for a while now &

I know she used me to get her green card expedited and once she got she fled the state of Texas So with me not being knowledgeable as i am now about the time limit in her being in Georgia passed six months, i was too late in doing something to keep her here since a child was conceived through our... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 24, 2020

Whether you are eligible for an annulment based on fraud is extremely fact specific based on your individual circumstances and the proof that you have to evidence her intentions in entering the marriage. Likewise, the cost of your divorce will depend on your individual circumstance and the... View More

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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Military Law for Georgia on
Q: I am 17 years old enlisted into the active army and will graduate in dec 2020 can i leave my moms home?

My DFCS case has been closed after almost 2.5 years. I enlisted in the army July 9th 9 days after my 17th birthday June 30, i am trying to leave home right when i grader Dec 18th 2020 legally and without any consequences due to my army contract !!

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 23, 2020

You are are minor until age 18.

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1 Answer | Asked in Military Law for Georgia on
Q: My friend has been getting death threats demanding to $1500 to pay for a solider to fly from nigeria. Is this a scam?

My best friend has been talking to this guy who says he's in the military online. For two years he has never met her and vice versa. Just recently he's been telling her that she need to pay the military flight pilot $1500 and if she dont that the major general as he calls the commander... View More

Paul E. Tennison
Paul E. Tennison
answered on Jun 22, 2020

SCAM.

1 Answer | Asked in Family Law and Military Law for Georgia on
Q: trying to make brother who is deemed "Medically Disabled" in the state of GA . Do you need to go before a judge.

The SM is currently stationed overseas so going before a judge if so is going to be hard.

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 10, 2020

I’m unclear of the question. What are you trying to make or do with your brother? Please clarify the question so we can help you out. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Military Law for Georgia on
Q: Can my job use my Military leave without my permission?
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 28, 2019

More information is needed to provide you with an accurate answer. Please provide clarification. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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
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

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
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... View 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... View More

Paul E. Tennison
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... View More

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Q: Is it possible for a felony I recieved in the military to be expunged?

The felony is premeditated attempted murder.

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 2, 2019

There is NO expungement of military court-martial records, even if you are acquitted at trial. Here is a recent case of a person who sought to have his court-martial conviction expunged.

The United States Department of the Navy (Navy) dishonorably discharged Jerome Randolph, the pro se...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

I’m currently on active duty order in a foreign country and would like to be able to buy one and have it shipped to my house

David Edward Boyle
David Edward Boyle
answered on Jan 22, 2019

If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

2 Answers | Asked in Family Law, Child Custody, Child Support and Military Law for Georgia on
Q: I'm pregnant, how soon can I start the process with DCSS?

Ex left once he found out I was pregnant and vows to be involved, as well as threaten to hide income. Can lack of involvement increase support order?He is in the military and receives medical benefits can medical benefits for child be enforced in support order?

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 5, 2018

You can file for child support as soon as the baby is born. He will likely be ordered to provide health insurance as well as child support.

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1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on
Q: How should I handle the following military matter?

I am being charged by the military for a missing item because I was the last one to sign for it. I only signed the hand receipt because I was instructed to do so by my supervisor. They are blaming me for negligence when there are others who signed off stating we had the missing item in question. I... View More

Angelina Bradley
Angelina Bradley
answered on Jul 10, 2018

There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.

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