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Military Law Questions & Answers
2 Answers | Asked in Military Law, Personal Injury and Public Benefits for California on
Q: Seeking recognition and compensation for family's health issues linked to my father's radiation exposure during Navy service.

I am seeking to connect my family's health issues to my father's radiation exposure during his Navy service (1942–1946), which possibly involved cleanup in Japan. My brother and I have faced cancer diagnoses, supported by medical findings of radiation exposure. Despite attempts to claim... View More

William John Light
William John Light
answered on Jun 6, 2025

The VA has strict requirements for proof of presence in Hiroshima or Nagasaki during August 6, 1945–July 1, 1946, which frequently causes denials of claims if records are incomplete or if the veteran served in nearby areas (e.g., on ships supporting the occupation).

You can 1. request...
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2 Answers | Asked in Military Law, Constitutional Law and Criminal Law for Washington on
Q: Military larceny charge and Fourth Amendment rights issue in WA

I am currently serving in the military and was arrested and charged with larceny in Alaska, concerning a $32 watch taken during training, 14 days after the alleged incident. The military police claim CCTV footage shows me taking the watch, but I haven't been shown the footage or any images,... View More

Patrick Korody
Patrick Korody
answered on May 29, 2025

Generally to access bank account information they need a subpoena issued to the bank. However, businesses often turn over CCTV and internal records without subpoenas or search warrants since they want to facilitate the arrest/prosecution. Generally, the 4th amendment does not prohibit 3rd parties... View More

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2 Answers | Asked in Tax Law, Identity Theft, Military Law and Consumer Law for California on
Q: Can IRS hold my money during an investigation of alleged tax debt?

I am a Vietnam War veteran, and the IRS has put a hold on my money, stating I owe them $31,000. I haven't filed taxes in 20 years due to being low income and a veteran. I received a letter from the IRS about this issue, but I believe someone might have filed taxes in my name without my... View More

Symantha Rhodes
Symantha Rhodes
answered on May 27, 2025

Yes, the IRS can hold your money, including freezing your bank account, if they believe you owe back taxes, especially during an investigation of alleged tax debt or fraud.

IRS investigation of a potential tax fraud can take a long time to resolve.

To potentially expedite the...
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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 14, 2025

The answer here is going to depend on how the order was treated (if temporary orders or part of a permanent modification). Without looking at the orders/parenting plan/financial plan it is impossible to advise on whether a Motion to reinstate support or Notice of deployment ending would be... View More

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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Julie Fowler
Julie Fowler
answered on May 14, 2025

If the child support is suspended, then you may be able to request to "reinstate" the child support once you are back to the Omaha-area so that the travel deviation is no longer appropriate. if the child support was modified to zero under a deviation or terminated, then you likely need... View More

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2 Answers | Asked in Elder Law, Military Law, Nursing Home Abuse, Estate Planning and Personal Injury for Louisiana on
Q: How to remove POA refusing memory care for elderly veteran with dementia?

I need to remove the medical power of attorney from my elderly veteran family member's wife. The patient, who suffers from dementia, is currently in a nursing facility that can't provide needed memory care treatments, which are covered by the VA. The wife holds the power of attorney and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2025

If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2025

If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More

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3 Answers | Asked in Family Law and Military Law for Georgia on
Q: Can I file an extension for a legitimation summons with 2 days left?

I received a summons for legitimation and there are only 2 days left to file my answer. I have been attempting to obtain a veteran-assisted attorney but have not been successful yet. The attorney I contacted said they need at least 48 to 78 hours to review my situation. Can I file an extension... View More

Regina Irene Edwards
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answered on Apr 28, 2025

Go to the law library in your county and they will have answer forms. Sign up for Odyssey efiling to make sure you get notification of all court dates and documents.

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3 Answers | Asked in Divorce, Child Custody, Child Support, Military Law and Family Law for New Jersey on
Q: Who determines child support through college when parents live in different states?

I was divorced in New Jersey, but I am now living in Pennsylvania as the custodial parent. The existing child support provisions are based on New Jersey state law. My children are 19 and 16, and the 19-year-old is enrolled full-time in college. There have been court order changes since the... View More

Richard Diamond
Richard Diamond
answered on Apr 24, 2025

Your question is covered by the Uniform Interstate Family Support Act (UIFSA) since it addresses the issue of a form of child support - college contribution. The issue is whether as a result of your move to Penn, does Penn law now apply to the issue of contribution for college, since the laws in... View More

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2 Answers | Asked in Child Custody, Divorce, Military Law and Family Law for Georgia on
Q: How can I get full custody of my child during a divorce in GA?

I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 21, 2025

You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More

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Q: Can sister force grandfather to leave mom's residence in probate issue?

My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

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2 Answers | Asked in Military Law and Gov & Administrative Law for Tennessee on
Q: Can I carry my service weapon on Fort Campbell Army Base as a civilian police officer?

I am a civilian police officer whose department requires me to take my service weapon home and to carry it while in uniform, even when off the clock. I live on the Fort Campbell Army Base with my active duty spouse, and I take my patrol car home as required. Are there any legal issues I should be... View More

Anthony M. Avery
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answered on Apr 1, 2025

Military Posts are federal jurisdiction, not State. So check with the Provost Marshall or Security there. The Post Commander sets the rules for firearms on his post, which usually involves registration and not being armed.

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2 Answers | Asked in Family Law and Military Law for Nebraska on
Q: How to stop military retirement pay after ex-spouse's death if daughter withholds death certificate?

I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More

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2 Answers | Asked in Criminal Law and Military Law for South Dakota on
Q: Can I request a re-trial on grounds of conflict of interest with my sentencing judge in South Dakota?

I am being charged with a Class 4 felony in Minnehaha County, Sioux Falls, South Dakota. I have concerns about a conflict of interest because the same judge has sentenced me in 4 out of 5 of my criminal hearings, and he is assigned to my current veterans court case as well. Although he has been... View More

Adam Bryson
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answered on Mar 20, 2025

The proper time to remove a judge you suspect is biased is prior to conducting a trial. You should also raise this issue before the judge rules on any substantive motions. Your lawyer can draft an affidavit for a change of judge and have you sign it. The lawyer then will ask the judge to recuse... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Military Law for California on
Q: Stranger assaulted disabled veteran, fears for safety; legal steps to protect?

As a disabled veteran who has fought for my Constitutional rights, I feel they have been stripped away after a stranger, resembling the Uni-Boomer, challenged me and another veteran to a fight in front of our home, assaulted one of us, then fled. Despite having video evidence on YouTube and fearing... View More

Mario Tafur
Mario Tafur
answered on Apr 9, 2025

Filing a petition with evidence, such as your video footage, could secure a temporary restraining order swiftly if the court finds immediate harm is likely without intervention. A hearing would follow within 21 to 22 days to consider a longer-term order, potentially lasting up to three years, based... View More

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4 Answers | Asked in Traffic Tickets, Criminal Law and Military Law for Virginia on
Q: How to handle Virginia super speeder ticket affecting military plans?

I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More

Daniel P Leavitt
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answered on Mar 7, 2025

If you're entering the military you will want to get this reduced since reckless driving is classified as a criminal misdemeanor and it can impact security clearances and job promotion etc. You likely can hire an attorney to represent you in your absence depending on the jurisdiction. And... View More

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4 Answers | Asked in Traffic Tickets, Criminal Law and Military Law for Virginia on
Q: How to handle Virginia super speeder ticket affecting military plans?

I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More

David G. Parker
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answered on Mar 7, 2025

Consult with an attorney who handles cases in the jurisdiction where you got the ticket. The initial consultation will likely be at no cost to you. Even at that speed, it might be possible to appear by counsel (you would not need to drive back to Virginia to appear on your case). The possible... View More

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2 Answers | Asked in Family Law, Probate and Military Law for Texas on
Q: How can I assert my rights to my father's estate in Texas?

I am an only child and my father recently passed away in Texas. He was an Army veteran and remarried after my birth mother died. I believe he left a will, but his current wife, who married him for a green card, has prohibited me from accessing any information. She even obtained a restraining order... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2025

As an heir at law, you can file an application to probate your father's estate in the probate court in the county where your father lived immediately prior to his death. HIs current wife would need to come forward with his Will if she contends that he left one. That will enable you to see... View More

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3 Answers | Asked in Military Law and Personal Injury for North Carolina on
Q: I am active duty military in the Marines and I had an accident occur during liberty hours and off base so I went to the

ER and had surgery done and now I’m home recovering in North Carolina can they come and take me away even if I use TRICARE and present a doctors note to them?

(I am currently stationed in Yorktown VA at the naval base)

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2025

I'm sorry about your accident. I hope you and everyone else involved are okay. I'll defer to my colleagues who practice military law for issues involving returning to duty and related matters. But those aspects of the question aside, it's worth keeping in mind that depending on fault... View More

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