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Georgia Military Law Questions & Answers
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

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 Head
William 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.

1 Answer | Asked in Military Law for Georgia on
Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have

My commander told my father 1 to 2 weeks I could be out.

Robert Donald Gifford II
Robert Donald Gifford II answered on May 21, 2017

That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.

1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Q: How can I force my ex spouse to appear in court?

I filed a modification/registration of custody in GA, ex wife claimed AL residency on military orders in GA although I found the deed to the home she purchased in GA. She now lives in LA (moved the wk of court) and is saying she cannot travel due to high risk pregnancy for court where I have now... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 28, 2017

You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Military Law for Georgia on
Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?

My packet just got sent off to BN Legal on 3-29. How long will it be before it get backs, and I have to go to RHU? My 1st SGT told me estimate two weeks or less. What is the real actual wait?

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.

1 Answer | Asked in Real Estate Law, Military Law and Public Benefits for Georgia on
Q: We are married now and are eligibleFor housing, what do we need to show for this?

It states we can terminate if we become eligible for housing (military service members)

Patrick Korody
Patrick Korody 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.

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Q: Will the Army recognize a new marriage if you get divorced and if so do they have a waiting period?
Patrick Korody
Patrick Korody answered on Feb 13, 2017

There is no waiting period - you do, however, have to provide proof of the divorce in a timely fashion to your personnel folks so that they can adjust the dependents.

On another note, quick marriages often raise suspicions by military chains of command.

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