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Philip Douglas Cave
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Philip Cave’s Answers

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  • Military separation/divorce question ?

    My husband and I are divorcing . He's an E5 in the U.S. Army and I know that he's suppose to pay me 2/3 of his BAH which according to him is 900 a month, so 450 bi weekly. He's saying that is all he has to pay me while we are separated, no child s...

    Philip’s Answer

    The military has a percentage when there is no separation agreement.
    It's a lump sum, not divided out as to support for you or child support. So he is generally correct in terms of how the military will look at it. So long as he's doing that they will not interfere.
    A written separation agreement and later court order is best.

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  • I received an Article 15. I'm done with the rebuttal and appeal. Is hiring an attorney advisable for the USAF BCMR?

    I have completed the rebuttal and appeal process for my article 15. My ADC, several other lawyers and my flight chiefs have said multiple times that the punishment was far more severe then the charged action. I have never received a LOC/LOR or any...

    Philip’s Answer

    You can seek to appeal to the Air Force BCMR.
    Keep in mind that the standard of review is not favorable to you, and that they 'evidence" necessary to overcome.
    More immediate. Did you ADC discuss with you the possibility the AF may seek to administratively discharge you for misconduct? I see a 120 which was apparently not substantiated. But you are likely aware of all the politics involved.

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  • Veteran department sends denial letters to OAG Texas repeatedly for the support of four children on food stamps

    I have four children by a 100% 'disabled' veteran. (I put the disabled in quotations due to his disability being asthma, which he smoked both marijuana and cigarettes continually for 14 years after diagnosis.) He had received his back pay...

    Philip’s Answer

    This is a duplicate question answered elsewhere.

    You need to contact your state or local child support enforcement agency.

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  • Veteran department sends denial letters to OAG Texas repeatedly for the support of four children on food stamps

    I have four children by a 100% 'disabled' veteran. (I put the disabled in quotations due to his disability being asthma, which he smoked both marijuana and cigarettes continually for 14 years after diagnosis.) He had received his back pay...

    Philip’s Answer

    Regrettably you are limited to using your state and local resources for the enforcement of child support obligations.

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  • I have been given a legal document to sign and send back but it has a witness section

    should I need to get a signature from anyone I know or it would be handled at the receiving end?

    Philip’s Answer

    You are being asked to have someone witness you signing the document. It's a way to verify that it was you who signed. Often times a notary public (your bank or credit union might offer such service free or at low cost). Legal documents often require it be a notary public.

    It is done on your end.

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  • DCF Headache. Damaging info on file about me

    DCF has something on file about me as being a danger to children. Whatever they have on file is not being released to me and I believe it to be false and it has been there between 20 to 25 years now. It is preventing me from taking custody of ch...

    Philip’s Answer

    A MA lawyer can help you best. The first questions I would want to aks would be:

    1. Does MA have a state Privacy Act/Freedom of Information/Sunshine Law under which you can gain access to personal information on yourself. I'm familiar with that in federal matters and VA. So perhaps MA has something similar.

    2. Does the DCF have an "appeal" or procedure to have incorrect information removed.

    I'd do some initial Google looking and then take those questions to a MA lawyer. Perhaps there's a law school clinic that serves low income people, and perhaps the Bar Association has a list of lawyers charging low fees or pro bono work.

    Just calling them probably isn't going to work because you are not using the right "procedure."

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