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Steven P. Shewmaker

Steven Shewmaker’s Answers

498 total

  • Can I still be with my boyfriend after pressing charges on him?

    My mom pressured me in to pressing charges against my boyfriend when we had gotten into a fight after a night of drinking. We still want to be together though but I don't want him to get in any more trouble than he already is in. Is this possible...

    Steven’s Answer

    Hey, nothing binds the relationship like an indictment.

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  • Trying to find attorney who handles VA related matters. Have two cases.

    1st case - 100% disabled vet VA trying to make incompetent. 2nd case - spouse of a former Veteran trying to get spousal support of pension

    Steven’s Answer

    Avvo will not allow us to recommend an attorney, If, for example, I were to say, "Drew Early in Atlanta is the guy at 770-939-1939." Now that would be wrong, dead wrong in fact.

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  • Which state(s) am I eligible to file for an uncontested divorce in as a military member?

    I'm considering filing for divorce from my spouse. I'm currently stationed in Louisiana, where I've owned a house and physically resided with my spouse for the past two years. I understand that means I meet the residency requirements to file here....

    Steven’s Answer

    First, you generally (almost always) file in the state and county where the defendant (your wife) resides. I see nothing about where she is a resident, but I strongly assume it is Louisiana.

    If you file in Louisiana, you waive any objections to Louisiana. If you file in Texas, she may object there. You have strong arguments for Texas, and you should file there now. If you do, and if you survive her motion to dismiss for lack of Texas' exercise of personal jurisdiction over you, you will have gone a long way to deny that Louisiana can exercise jurisdiction over your military pension - that is critical for you.

    If you consent to Louisiana then it can divide your pension. I cannot stress it enough.

    As others say, if you have a child and the child has been in Louisiana for six months, the custody portion must occur in Louisiana.

    Again, other aspects of your case do not have to occur there.

    Go find a good Texas divorce attorney.

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  • Are a veterans kids responsible to pay back VA benefits that were overpaid to veteran once veteran is deceased?

    My dad who recently passed away was receiving VA disability benefits. Today I received a letter in his mail addressed to his estate stating that the estate is responsible to pay back over $20,000 in benefits that were overpaid to veteran. An estat...

    Steven’s Answer

    This is not really a military law matter.
    This is really an estate and probate matter.

    It's really a tricky matter that a probate lawyer must investigate.

    Generally, if your father was overpaid, and the estate has no assets to satisfy the government; then the government loses.

    BUT if the evidence shows that there are assets, the government will come for them.

    This is a great time to spend $200-$500 in consult fees with a probate attorney so you can sleep soundly.

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  • I am a 100 percent disabled veteran getting social security also If I get divorced what do she get,she works has a career job we

    we have been living apart for 18 mos and she is living in my house that is already paid for in Alabama mine prior to the marriage,she has not lived here in fla since I brought the house,she has never paid for anything I do not know what she does w...

    Steven’s Answer

    • Selected as best answer

    This is not a military question.
    This is a divorce question.

    You want to look seriously at divorce in Alabama.

    Alabama is your friend because under Alabama law any military retirement you receive is not divisible in a marriage under ten years. Per the US Supreme Court, your VA disability is not divisible. Alabama law also will not consider your VA disability pay for alimony. (In re Billeck) Alabama will respect your premarital property rights as well.

    You need to find a military and federal benefits savvy divorce lawyer in the area in Alabama where your wife and house are.

    Best to you

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  • DD214 under honorable discharge

    Am I a veteran???

    Steven’s Answer

    If you have a DD 214, you are veteran. Congratulations, thank you for your service to this great nation and Happy veterans Day.

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  • Is it possible for a single soldier to get primary custody?

    I am an active duty soldier (army) and I wish to divorce my wife, but I don't feel that she could care for my child as much as I can.

    Steven’s Answer

    Yes, it is possible. How likely it is depends upon how good you look and how bad she looks. Child custody cases are really similar to beauty pagents. You need to consult with a family law attorney in your area who is familiar with the military. But rest assured, the court will look at what is in the best interest of your child.

    Good luck

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  • Can my command force me to resign if I do not have any pending actions or misconduct?

    I will have a meeting with my Brigade commander before officially submitting my resignation paperwork to HRC and he will ask me if I feel that I am being forced. To be honest I feel like I have been forced based on my performance even-though I hav...

    Steven’s Answer

    While I cannot disagree with what the others have said, I will add this. Your inquiry does not provide enough detail to really answer your question fairly or thoroughly. The attorneys before me - I am certain - if they spoke with you directly, would ask: What have you done or failed to do that has your command so upset with you? I ask this now. You do not have to answer that on an open forum, but if any of us spoke with you, that is what we would ask. Specific facts matter, even small ones. You should look through the Avvo directory and contact one of us directly. Have this discussion.

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  • U need help to upgrade my army discharge

    They told me that I needed a lawyer to get this done

    Steven’s Answer

    That's right. Cassara is correct. We cannot reach out to you. You have to go on Avvo and find an attorney yourself. But you do need an attorney. And I am not reaching out to you.

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  • UA from USMC want out

    UA after completing all training, did not report to fleet. Have been gone almost 30 days. Can not handle the stress, depression and anxiety started suffering from panic attacks. Trouble breathing headaches vomiting

    Steven’s Answer

    Sorry, as long as there is a United States, you will be on the roles as UA. This means you will eventually be picked up and held, probably at the airport or by local cops for a tail light stop. You will have to deal with this, sooner or later. Get it over with now. They can court martial you. They most likely will not. You will most likely return and be given non judicial punishment followed by an administrative separation. The longer you wait, the worse it will be. However, worst case is Articles 85 & 86 UCMJ for AWOL and desertion. These have max punishments of 3 years for desertion and 18 months for AWOL; less for both if the absence ends by other than apprehension. Again, not likely, but you need to hear it. Be smart.

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