How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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

Customer Question

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: 1 year ago.
Category: Family Law
Customer: replied 1 year 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: replied 1 year ago.
I am stationed in Korea. I need a lawyer. My number is *************. Please provide telephone number and I will call.
Expert:  P. Simmons replied 1 year ago.

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?

Customer: replied 1 year 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.
Expert:  P. Simmons replied 1 year ago.

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

Customer: replied 1 year 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.
Expert:  P. Simmons replied 1 year 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...