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Recent SSCRA questions

, is your practice in New Mexico? I need a divorce lawyer with military experience the

Hi, is your practice in New Mexico? I need a divorce lawyer with military experience there. Im a AD member. My wife was prior military before we married and got out just before we married. During the marriage she joined the AF Reserves for 3 years and was discharged. Do I have a claim on her AFRES retirement points or time since theoretically she can still go back and join again if she wanted and serve to AFRES retirement requirements and receive those benefits. Or can three of the 17yrs we were married apply when calculating retirement pay award to her. Her LES says E-4 w/5 yrs service. thank you

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P. Simmons

Attorney

Doctoral Degree

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Good Afternoon, OK, now that Ive registered I will submit

Good Afternoon,OK, now that I've registered I will submit my questions again and maybe have better luck. I have enlisted in Army and have my orders to report on 3/24/14. I ship out 3/23/14. Under the Soldiers & Sailors Civil Releif Act I am supposed to be able to get out of a lease that I entered into prior to enlisting. So I gave my landlord my written notice and copy of my military orders and I went ahead and paid through 3/22. I think I was only required to pay through Feb but I paid through my ship date anyway. So the problem is I am on the lease with 2 other roommates whose income is enough to be able to be on the lease without me, according to the landlord. I have already moved out on Jan. 17. The roommates have the extra room to rent if they wanted to, but have made no attempt to do so. I have also walked away from my share of the deposit that they can potentially re-coup when they move out. To take me off the lease, landlord says she has to have their signature to say they agree to assume the lease without me. They will not sign anything and have filed a small claims suit against me trying to get all the rent through the remainder of the lease and asking for a total of 4 days missed work (I'm assuming to file their lawsuit). So landlord isn't releasing me from the lease until they either sign or she see's what the judge rules. So my main questions are -1. Does the SSCRA cover me in this sort of situation? 2. Can they get me for missed days of work? 3. Do they have to show proof they missed those days and some sort of justification as to why it required that much time off of work? 4. And can I go after them for the same? Because as far as I'm concerned, I have complied with the ACT and I am missing work to deal with this suit they've filed against me.Also - my court date is Mar 25, 2 days after I ship out. I am asking the court for a postponement but the only date I can know for sure I can be in town for a court appearance is after my active duty service is over, which isn't for 4 years. I have no idea where i will be stationed or when/if I'll be in town during that time. So....5. Will the Court postpone the trial for that long under the circumstances?6. Will it help if I send in a letter of explanation along with the request for postponement?7. If they won't postpone the court date, what do I do? I really don't have anyone that can appear for me or that I would want to. And I can't afford an atty.Thank you very much for your time.

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P. Simmons

Attorney

Doctoral Degree

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34,668 satisfied customers
My question pertains to the SCRA Program for military soldiers.

My question pertains to the SCRA Program for military soldiers. I will be speaking of two different enlistments and dates. I first joined the military in 7/1991 regular army. Then I got out in 11/1999 and immediately enlisted into the AGR Army program. Well in or around 2/1999 to 9/1999 I opened up a few credit cards that I am being told is not are eligible for the SCRA program because they were opened up while I was on active duty already during my first enlistment. But, my question is. Am I correct to assume that they would be eligible for the program under my second enlistment which occured while the accounts had already been opened? From my understanding your accounts have to already be opened when you come on Active Duty. Please explain your response in full detail.can you please get back to me as soon as possible.Thank you.

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P. Simmons

Attorney

Doctoral Degree

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34,668 satisfied customers
Im currently deployed. My wife about a week ago has supposedly

I'm currently deployed. My wife about a week ago has supposedly gone to a lawyer and is requesting a motion for provisional hearing and petition for dissolution of marriage in Indiana. Recently she has said supposedly there is a court hearing set in January. My question is can there be a "motion for provisional hearing" when I'm still deployed? I understand that SSCRA can protect service members but what does that really mean and what are the limitations to that protection?

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P. Simmons

Attorney

Doctoral Degree

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34,668 satisfied customers
Im in the military and leased my home to another military

I'm in the military and leased my home to another military family that had the intentions of staying three years or so they said. They signed a three year lease and was given a sizable discount to do so as they had requested. Eight months later I recieved a text saying they were giving me a thirty day notice. They had no intention on staying they just wanted the discount. Now he is deploying for six or more months and when he returns he is executing orders. I have placed in the lease agreement that only Permanent Change of Station orders are acceptable for breeching contract. What is the law on the SSCRA if they sign an agreement stating only PCS is acceptable for breeching the contract?

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P. Simmons

Attorney

Doctoral Degree

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34,668 satisfied customers
I am under SSCRA (reservist called to active duty). The business

I am under SSCRA (reservist called to active duty). The business I own had a MA dept. of Revenue Sales Tax Audit and they would not wait unitl I came off active duty. They forced me to have the audit and appoint a CPA with the power of attorney. The Audit is over and I am still on active duty. Looks like they want me to pay the sales tax on items (boats) that were delivered outside the state to RI and other places. What are my rights under the SSCRA?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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Im an Army Civilain with the Corps of Engineers. As part of

I'm an Army Civilain with the Corps of Engineers. As part of my job I'm required to deploy and go tdy for training. Is there any protection for someone in my position when post-divorce proceedings are ongoing? While deployed to a combat zone or on TDY it's impossible for me to attend or call in to court.

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Marsha411JD

Doctoral Degree

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Wedding date was cancelled due to unforseen military deployment.

Wedding date was cancelled due to unforseen military deployment. Photographer will not return the 1000 dollars that was given to him in which he calls a retainer fee. He claims the contract is only in the brides name and she was not military at the time of the contract. But the money is ours, can he legally keep all my money if I have deplyoment orders? Does the SSCRA apply here? Thank you

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P. Simmons

Attorney

Doctoral Degree

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34,668 satisfied customers
My son is serving in the Navy and is at sea. His wife has

My son is serving in the Navy and is at sea. His wife has decided she wants a divorce. When they married he let her put $7000 of their joint savings in her personal savings account. She now says the money was spent "for expenses" (not specified) over a 4-month period when he was home. We believe she is spending it on partying, a trip to Las Vegas, and possibly putting it in some other account where it can't be easily found. Does he have any way to recover this money under the SSCRA?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

star-full
17,632 satisfied customers
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