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Philip Douglas Cave

Philip Cave’s Answers

1,982 total

  • Spouse is leaving not paying support while still collects full BAH.

    I'm married to an active duty soldier for two years. He never shared his BAH (supposedly he needed to pay me $700 a month). He always say it goes to the house bills and rent. We always fight and now it's gotten to the point that he's ditching me ...

    Philip’s Answer

    While married and living together how you spend your money is up to you. There is no requirement that he give you any of the BAH.
    If you separate there are rules on how much of the BAH he is required to provide, and it is not the total amount.

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  • Getting into a University with a felony.

    A friend of mine who committed a 2nd degree felony for statutory rape is wondering if he could be accepted into public or private universities. For instance I know that Florida International University runs a background check on all of its applica...

    Philip’s Answer

    This would be something best asked to the school admissions office.
    Felony convictions can have various collateral effects. One such effect is not being able to get certain types of educational loans. Another might be an inability to get a professional licence at the end of the education. This is not really something lawyers on this site are best able to answer.

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  • If I have already retained an atty. Can I speek with another about my case?

    Need a different lawyer for a trial.

    Philip’s Answer

    If you have concerns, have you addressed them with your current lawyer?

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  • Can i get my deposit back

    I hired a lawyer to handle my case in general district court for $1500. However was able to reach agreement with plaintiff to drop charges before court & without using my lawyer. I told my lawyer the agreement & he said he hadn't talked to the DA ...

    Philip’s Answer

    What does your written agreement say? Is this a flat fee or a hourly?
    As Mr. Sprano points out, reaching an agreement with the accuser/victim doesn't necessarily stop the Commonwealth from continuing to prosecute, although it may be a factor in that decision.
    Talk to your lawyer.

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  • I would like to know if there is any way that I could legally changed from my unit in the US Army due to bias or prejudice.

    I have never had any misconducts but have been having misunderstandings with my chain of command. One of my raters told em that if I do not get out of the Army my evaluations are not going to be good and because of that I would end up in not getti...

    Philip’s Answer

    You should try first talking with the 1SG, then use the open door policy to the SGM.
    Depending on what the bias or prejudice it, you may want to consider a EO complaint, or even an IG complaint.
    But you should use your chain of command first.

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  • I was separated in June 2015. I have general under honorable conditions what are the odds of getting it upgraded?

    Separation Authority is AFI 36-3208, Separation Code is JKN, Reentry code is 2B, and the narrative reason for separation is Misconduct(Minor Infractions)

    Philip’s Answer

    You have to wait six months until you can apply from the date of discharge.
    The odds of getting an upgrade now are almost nil. Unless, that is, you have a very strong case to argue there was a substantial flaw in the processing of the discharge, or that the misconduct allegations are not true.

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  • My son wants to join the Navy but he has celiac disease. I am hearing that he will be ineligible. Is this true?

    Do the armed forces prevent you from joining if you have celiac disease?

    Philip’s Answer

    See the link.

    These are the medical standards.

    Celiac Disease does not appear to be listed specifcally. But it likely falls under paragraph 3-5.

    He will need to discuss this with a recruiter, and likely MEPS will make a final decision.

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  • I'm looking for attorneys that offer an apprenticeship programs in Virginia

    I'm looking for attorneys in Virginia that ager apprenticeship programs. It's been difficult trying to find someone willing to take on the job so I'm looking online

    Philip’s Answer

    And I think that the developments in the law have caused or perhaps forced lawyers to specialize. One of the requirements for the supervising lawyer appears to be a broad or general practice. Those of us who specialize or are in a niche practice can't fit that need.

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  • Can I purchase and wear an undecorated military uniform?

    Here's the situation: The school I currently attend will be hosting a large 50 years celebration. Our mascot is the Patriot (as in the New England Patriots) and we want to host a small presentation of everything Patriot during this event. One idea...

    Philip’s Answer

    Have at it.
    Wear with pride.
    Recommend you review some pictures of real military personnel so the actor can get the wearing right.
    The SVA doesn't cover this type of situation. It does not appear someone is impersonator a military person to gain something of value.

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  • I'm divorced, a military retiree and receive VA disability. Can my ex get more than 50% of my DISPOSABLE retired military pay?

    I have a VA disabled rating of 40%. The amount of my disabled VA pay reduces my actual military retired pay. The Uniform Services Former Spouse Protection Act (USFSP) states an ex spouse can receive up to 50%, which she qualifies, of my disposable...

    Philip’s Answer

    As Mr. Early suggests. There are ways that a marital share can also come from disability payments.

    It would be a good idea to visit your local military legal assistance office. As a retiree you qualify for free legal assistance. They may be able to help you work out the best arrangement. If they can't they will have a list of local lawyers who are familiar with military divorces and benefits.

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