Texas Military Law Questions & Answers

Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on
Answered on Jan 22, 2019
Kelli Y Allen's answer
Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.

Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?

1 Answer | Asked in Military Law for Texas on
Answered on Dec 18, 2018
Angelina Bradley's answer
Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

To see how it applies to you, consult with a family law attorney.

Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?

1 Answer | Asked in Military Law for Texas on
Answered on Nov 2, 2018
Angelina Bradley's answer
What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and an attorney.

There’s not enough information here to know what service an attorney would provide. Discharge characterization upgrade? Records correction? You — or better, your son — are...

Q: When would military law ever apply to a private citizen?

1 Answer | Asked in Military Law for Texas on
Answered on Oct 13, 2018
Angelina Bradley's answer
The Uniform Code of Military Justice provides for specific instances when the code would apply to civilians. As a general rule, that civilian would need to be serving alongside the armed services (e.g. as a contractor). It's more likely that the Military Extraterritorial Judicial Act would apply for civilian misconduct.

Q: Is my military supervisor allowed to order me to use my personal cell phone for work purposes?

1 Answer | Asked in Military Law for Texas on
Answered on Aug 1, 2018
Angelina Bradley's answer
I see this as an Anti-Deficiency Act problem. If you feel strongly about it, contact your local Trial Defense Services office or Area Defense Counsel, and ask them to assist you in raising this issue to the command's JAG or IG. Listen carefully to the advice they provide you about going down that road prior to taking action.

Q: My wife has just been sued, but she's deployed. What do we do now?

1 Answer | Asked in Military Law for Texas on
Answered on Jul 10, 2018
Angelina Bradley's answer
The Service Member's Civil Relief Act provides protections for deployed service members. You should head to your local base legal office to get assistance on how to invoke her rights under the SCRA. Most courts near military bases have a panel of pro bono attorneys who do this work.

If you can't get assistance that way, reach out to me directly and I'll see if I can connect you to a Texas lawyer.

Q: Hello, I’m in the military and trying to break out of my lease and it’s pretty confusing. Can I have some help with it?

2 Answers | Asked in Contracts, Military Law and Real Estate Law for Texas on
Answered on Jul 7, 2018
Angelina Bradley's answer
A commission is what officers receive when they join the service.

Q: What happens if my husband got a DUI on the base?

1 Answer | Asked in Military Law for Texas on
Answered on Apr 13, 2018
Robert Donald Gifford II's answer
Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is appointed as a Special Assistant U.S. Attorney and are normally just misdemeanors. Some bases will handle DUIs of service members thru the chain of command (UCMJ or administrative punishment). Some Air bases have...

Q: Can you go back to court to get alimony changed on the divorce decree? She gets 50% of his military retirement.

1 Answer | Asked in Divorce and Military Law for Texas on
Answered on Mar 18, 2018
Patrick Korody's answer
Alimony and military retirement are generally two different concepts. Alimony is spousal support while military retirement is property division. However, there are arguments that when a spouse starts receiving military retirement, the need for spousal support decreases. Spousal support is generally based on need and ability to pay. if the need and ability to pay has changed, a modification may be warranted. You should consult with a divorce attorney in the state/city where the divorce...

Q: My divorce decree states that my ex is entitled to 50% of my military retired pay. Is it possible to change that?

1 Answer | Asked in Divorce and Military Law for Texas on
Answered on Mar 1, 2018
Patrick Korody's answer
This is a very complex issue that I see all of the time. I am not a Utah lawyer - you need to speak to a Utah lawyer who has substantial experience in military retirement, how it is calculated, and how the it can be divided by a Utah court. Generally, different laws apply on whether the language was following a mediation/consent agreement or if the judge came up with it in an order following a trial. The specific language of the provision also matters. Chances of getting it thrown entirely...

Q: How do I file old domestic violence charges on my ex ? Hes military and they hid the DV. I want help on the civil side.

1 Answer | Asked in Domestic Violence, Military Law and Criminal Law for Texas on
Answered on Feb 23, 2018
Kiele Linroth Pace's answer
Go to the Sheriff's Office in the county where this happened and ask to file a complaint. The complaint will probably be reviewed by a detective who will decide whether there is Probable Cause to seek an arrest warrant.

Q: Is it unethical to request a statement from an ex-husband's lawyer?

1 Answer | Asked in Divorce, Appeals / Appellate Law and Military Law for Texas on
Answered on Jan 26, 2018
Robert Donald Gifford II's answer
Your ex-husband's lawyer will likely not assist, and may be concerned about violating an attorney/client privilege or other professional responsibility obligations.

Q: Can I sue the Army for covering up the circumstances of my brother's suicide?

1 Answer | Asked in Federal Crimes, Military Law and Wrongful Death for Texas on
Answered on Oct 25, 2017
Peter N. Munsing's answer
The estate would have a right to bring suit under the Federal Tort Claims Act. Contact a member of the Texas Trial Lawyers Assn who handles death cases involving the military. They give free consultations.

Q: As a widow of a 100% disabled veteran, I want to know my rights as my husband died without a will.

1 Answer | Asked in Military Law, Estate Planning and Probate for Texas on
Answered on Sep 19, 2017
Terry Lynn Garrett's answer
Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real estate, a home, no more than $60,000 in household goods and personal effects and no more than an additional $75,000 (for example, in bank accounts), you can file an Affidavit of Small Estate for a...

Q: Is it legal for a private US citizen never been employed by US gov or US corp to work for foreign military say China?

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Military Law for Texas on
Answered on Jun 25, 2017
Juan Antonio Lozada's answer
You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives. Through our export control system. Under the current export control system, three different USG agencies have the authority to issue export licenses: the Departments of State, Commerce, and the...

Q: Are there any pro bono lawyers with military experience who can calculation retirement percentage?

1 Answer | Asked in Divorce and Military Law for Texas on
Answered on Apr 20, 2017
Robert Donald Gifford II's answer
Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can also consult with a Judge Advocate in Legal Assistance/Client Services.

Q: Can tax problems from before you were in the military affect your standing in the service?

1 Answer | Asked in Military Law for Texas on
Answered on Mar 24, 2017
Robert Donald Gifford II's answer
Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but most importantly you should be candid on the SF-86. Failing to provide complete and truthful information will only create more problems for you later.

Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

2 Answers | Asked in Military Law for Texas on
Answered on Mar 14, 2017
Patrick Korody's answer
Generally your assertion is correct; however, civil support orders are the most sure way to get paid support during a separation or divorce. Each service has its own rules regarding support to dependents.

Q: Wouldn't it be fine under the Romeo and Juliet law? If i did get pregnant at 16 by someone 18 who's in the army?

1 Answer | Asked in Criminal Law, Education Law and Military Law for Texas on
Answered on Feb 7, 2017
Patrick Korody's answer
The age of consent under the UCMJ is 16 years old. However, state law would also apply.

Q: Does a person facing a court-martial have the right to an attorney?

1 Answer | Asked in Military Law for Texas on
Answered on Feb 3, 2017
Patrick Korody's answer
The military will provide a JAG at no charge for a special or general court-martial. You also have the right to hire a civilian counsel at your own expense. Normally, the JAG stays as well, so you have two lawyers working on your case.

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