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Georgia Military Law Questions & Answers
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... Read 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... Read more »

Ellaretha Coleman
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... Read 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
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... Read 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... 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
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 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
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... Read 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.

1 Answer | Asked in Military Law for Georgia on
Q: Can my friend’s Medical retirement benefits be taken away for fraternization while he was in the Army?

He’s been medically retired over 18months now, and his child’s mother is still in the Army and not cooperating with court order and he have to get JAG and her COC involved. Can anything happened to him since he medically retired or her since she’s not following a court order by updating her... Read more »

Patrick Korody
Patrick Korody answered on Apr 7, 2018

Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).

Realistically the...
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2 Answers | Asked in Divorce, Child Support and Military Law for Georgia on
Q: My husband just medically retired from the Army after 10 years. We were married the entire time. Will I get spouse supp.

We have three children. He received 100 percent disability and declined Army retirement for the VA amount/ offer which was more. He completed 10 years and 6 months military time and we were married the entire time.

Regina Irene Edwards
Regina Irene Edwards answered on Apr 4, 2018

I'm not sure what you are asking. You aren't going to get any payments while married. If you are asking if you divorce will you get a portion of his monthly payments, the answer is it depends. It can be considered income for child support purposes.

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1 Answer | Asked in Family Law and Military Law for Georgia on
Q: Will judge grant emergency guardianship so that Custodial parent can enlist in the military? NCP is unfit.

Custodial parent wanting temporary guardianship of child to go to maternal grandparents while in military training. NCP has not legitimized son, paid child support in over 1 year, helped to provide for child in over 1 year and the list goes on.

NCP was asked to sign “Acknowledgment of... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Mar 28, 2018

He is entitled to service and the opportunity to object, but if he is not legitimized his objection does not carry the same standing as if he was. Also, this is not an emergency. You need to simply file the petition, and your consent, and let the court schedule a hearing.

1 Answer | Asked in Child Custody and Military Law for Georgia on
Q: Where do i go to get documents saying i don’t have full custody of my kids. Trying to join the military
P. Justin Thrailkill
P. Justin Thrailkill answered on Jan 26, 2018

They are looking for your court order from a divorce or legitimation action. If you don't have that then you either don't have rights to your kids or you are married.

1 Answer | Asked in Family Law, Military Law and Divorce for Georgia on
Q: Married 25 yrs to retired military man. He had 2 children out of wedlock. How long can I file for seperation/divorce.?

He has a house in MI and I just bought a house 2 months ago in GA. We have 5 kids with only 2 uder 18. He took my 7 yr son and lives with his dad in GA and I have my 17 yr old daughter with me. He has 2 daughters with 2 different woman he had during our marraige. His taxes are garnished for back... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 25, 2017

There is no waiting period for divorces in Georgia, so there is no required period of separation before you can file for divorce. Based on your years of marriage, and his years of military service, you may be entitled to a portion of his military retirement. you should consult with a family law... Read more »

1 Answer | Asked in Child Support, Family Law and Military Law for Georgia on
Q: Military wife with 2 kids outside my marriage while husband in Irag. Husband still supports us but is not in the home

one ex pays child support not court ordered yet, unless he makes me mad. other father ran off. My little girl is 3 and the boy is 4. if i divorces husband is he still responsible for all the kids, and my ex-boyfriend will be responsible to. Can I double dip.? because my husband claims them on taxes... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 21, 2017

No, you can not double dip. Your husband can contest paternity in the divorce action.

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Q: Would use of military recruit traing Discipline fall under child abuse for mental and physical
William C. Head
William C. Head answered on Aug 10, 2017

Never heard of that, since the military does not take children. Plus, the contract for joining the armed services MAY protect the government. Additionally, the concept of sovereign immunity also gives the government protection from being sued.

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