Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am a SGM in the Army. I have a 3 year old daughter born…

Customer Question
I am a SGM in...
I am a SGM in the Army. I have a 3 year old daughter born out of wedlock. I have an Affidavit of Parentage, my name is ***** ***** Birth Certificate. Along with her social security card I used the three documents and enrolled her in DEERS. She has an I.D. Card and is enrolled in Tri-Care. Her mother and I agree her primary residence would be my residential address. I provide 100% financial support. I PCSd to Korea on an "unaccompanied" hardship duty tour for 12 months. I left my dependent at my designated location. When I arrived to Korea I collected BAH on behalf of my dependent and FSA. I'm being court-martialed. They are saying I am not authorized the entitlements. Is that true?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 2 years ago
I am stationed in Korea. I need a lawyer. My number is *************. Please provide telephone number and I will call.
Answered in 5 hours by:
1/25/2016
Family Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,706
Experience: 16 yrs. of experience including family law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sergeant Major, I am sorry for this dilemma. But not sure I understand the question. Is there a court order for support?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
No. I am the legitimate father. At birth I swore an affidavit of parentage. The child's mother and I agree the child can live with me. When the child moved in and I am taking care of the child, is that considered legal and pyhsical custody. The state is NC.
Family Lawyer: P. Simmons, Lawyer replied 2 years ago

Thanks
So what are the charges...what UCMJ art are they claiming you violated?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Sir the claim is theft of property. They are stating I'm not authorized to collect BAH. Their contention is I don't have legal custody of my daughter and I do. I have an NC State court Affidavit of Parentage that established me as the legitimate father. I have a birth certificate with my name on it as the father. The child is enrolled in DEERS and has an I.D. card. The child lives in my house-hold. I pay all the bills for the house-hold. I know the affidavit of parentage legitmizes me as the father and bestowes upon me all the rights and responsibilities as if born in wedlock. When I took possession of the child I had legal and physical custody. I need some-one that understands and can provide judiciary notice or a declaratory judgement.
Family Lawyer: P. Simmons, Lawyer replied 2 years ago

Thank you Sergeant Major

IF you are the parent? Then under the Joint Federal Travel Regulation (you can see that here: http://www.defensetravel.dod.mil/Docs/perdiem/JTR.pdf ) section 10100, you are generally entitled to the benefit. If you have to fight this case? This will be the regulation and section that will apply.

What do you mean by

can provide judiciary notice or a declaratory judgement.

Would it help to talk on the phone. I can make that available...

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,971
11,971 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

37,706 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I'm paying child support for children that are not mine I've
I'm paying child support for children that are not mine I've been doing it for over 24 years and the judge says until I get a paternity test their mine so I want to know how do I get a court order pat… read more
Crystal
Crystal
Attorney
JD
3 satisfied customers
I will like to get married to my girlfriend Tamara because
I will like to get married to my girlfriend Tamara Williams because we have a baby girl rite now and one the way can you help me out with that please yes or no so when you get this please text me back… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
Need a child support fraud lawyer in Brevard co, Fl.
Need a child support fraud lawyer in Brevard co, Fl … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to ask a legal question. South Carolina. I want to
Yes please I want to complete a name change for my minor child out of wedlock.… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
When the non custodial parent get arrested for child
When the non custodial parent get arrested for child abandonment does the money he pays to get out of jail go to his child or towards child support … read more
Bill Attorney
Bill Attorney
law
2,816 satisfied customers
My wife and I are both in the army. We just had a child in
My wife and I are both in the army. We just had a child in November and she just told me that I am not the biological father. Though I am on the birth certificate and I am raising the child and "legal… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
Im currently stationed in korea as an active duty soldier.
im currently stationed in korea as an active duty soldier. my base pay is 3458.68 per month. my ex wifes lawyer is asking for 2058 a month for child support. i took on all 55,000 dollars in debt but a… read more
Sue
Sue
Juris Doctorate
629 satisfied customers
I was granted summer vacations with my daughters through
Hi i was granted summer vacations with my daughters through the state of Colorado and my ex husband took them to Alabama after his tour in Korea. He was or still is in the army. I took him back to cou… read more
P. Simmons
P. Simmons
Lawyer
37,706 satisfied customers
How do I make an Illegitimate child legitimate without being
How do I make an Illegitimate child legitimate without being married or without a court order?… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I have joint custody with my ex husband of our daughter, she
I have joint custody with my ex husband of our daughter, she is going to be 9 in August. I have 80% of the time with her and he has 20%. We got divorce in Washington State and i am from Italy. Our div… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My wife has a 7 year old son with another man who is in the
My wife has a 7 year old son with another man who is in the Army and stationed in Germany. He has had no contact with his son in about 4 years. There was no court order or writing of any type for chil… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
Retired from the US Army after 31 years of service; I entered
Retired from the US Army after 31 years of service; I entered June 1980. Just before my first permenant change of duty station(PCS) I married my ex-wife based on a pregnancy(1983) which she swore the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband and I are getting a divorce. In louisiana you have
My husband and I are getting a divorce. In louisiana you have to be apart for six months to have a divorce granted. We wont be living apart until Oct so thats when the six months starts. My dependent … read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
We would like to obtain Guardianship over my niece who is 14.
We would like to obtain Guardianship over my niece who is 14. She is legally adopted by my 65 year old mother-in-law. She is in agreement with letting her come live with us and attending school in Vir… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I helped raised my granddaughter for 6 years. My son and his
I helped raised my granddaughter for 6 years. My son and his girlfriend were never married. He pays child support every month.In august,2007 the mother told my son and I that were could no longer have… read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers
What are the requirements in the state of georgia if the father
What are the requirements in the state of georgia if the father of my son has been in jail 4 months after my son was born and hasn't payed a dime and hasn't claimed my son. My son isn't legitimized wi… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am being sued for back support of a child that I have never
I am being sued for back support of a child that I have never seen. The child apparently turned 18 four days ago. The summons that I recived was dated in Sept 08. The child lives in TN and I live in V… read more
A.D. Barnett
A.D. Barnett
Attorney
Doctoral Degree
411 satisfied customers
I have a child who was born in wedlock. My ex knew he wasnt ...
I have a child who was born in wedlock. My ex knew he wasnt his an did the paternity test an never adopted my son. Now were in court an he wants custody the paternity was done in the first 2yrs of his… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x