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Steven P. Shewmaker

Steven Shewmaker’s Answers

540 total

  • Are restraining orders constitutional?

    There are certainly grounds for questioning their constitutionality. Provisions of the United States Constitution and state constitutions require that all citizens be given equal recognition under the law and that no group of citizens be shown spe...

    Steven’s Answer

    Uh yes they are constitutional.

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  • If Miranda Rights were not spoken by arresting officer, can those charges be dismissed?

    If one gets arrested based on 2 false & frivolous warrants and at the time of arrests no Miranda Rights were given or spoken, are there Legal grounds to get those charges dismissed?

    Steven’s Answer

    Not based on that. Miranda means the cops can't question you after arrest without advising you if your right to not speak. If they didn't ask you anything, they didn't need to read you Miranda.

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  • Can I continue to face admin action, UCMJ criminal action and potentially Federal employment adverse action?

    Issuing of GOMAR to be filed permanently....I am a weekend soldier w/28 years.

    Steven’s Answer

    Yes you can receive a GOMOR and later receive administrative separation. In fact, since it is being filed in your official fiche, your service (eg HRC for Army or EPM for Coast Guard) may direct separation. If you are a reservist, the chance of court martial are low, unless you were on Title 10 status at the time of your offense. Now many states have a state UCMJ and can conduct court martial, but I estimate that as unlikely. If this makes its way to your federal employers they may be able to consider it.

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  • When is Justice served in the Criminal Judiciary System?

    Is Justice served when the right people are punished for their crimes?

    Steven’s Answer

    Punishment is a pillar of the justice system.

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  • Can a judge award 60% of your income to someone that is not disabled? What can't the courts take or award from the military?

    Military Divorce case in Huntsville Alabama.

    Steven’s Answer

    Yes, according to the Uniform Services Former Spouse Protection Act. It allows state courts - under state laws - to award so much of a servicemember's income or retirement as it likes - 100%. But the federal government only pays up to 65% directly. Any more would have to come from the service member. VA benefits cannot be paid directly but can be the court's basis for alimony or child support.

    There is a foolproof way to avoid it: Do not get married and don't have kids. Then it's all yours.

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  • Will my mother have to pay the 30% of the award money that my father won From VA to the attorney who handled the claim?

    My disabled veteran father had an attorney for filing claims through VA and won. My father was awarded the money from VA on the day he passed away. I am just wondering if my mother who is the survivor will have to pay them the 30% of the award as ...

    Steven’s Answer

    Imagine that. The attorney worked on behalf of your father. He achieved success for him. He worked before getting paid, unlike most people, probably you don't work before being paid. Now you want to ask a bunch of attorneys if it's okay not to pay the attorney. How appropriate that you would ask this on a forum where you don't have to pay. Shame on you

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  • My husband wants a divorce and we are military he is the sponsor. Will he have to continue to pay the utilities and mortgage

    Been married 6yrs military and no kids together

    Steven’s Answer

    I'm sorry for you having to go through this.

    The mortgage company and the utilities company will expect him to continue paying if he is the account holder..

    The military will expect him to continue to pay his obligations to creditors.. If they learn that he has abandoned these obligations, this could affect him at work. The military could become concerned, particularly if he holds a security clearance.

    Of course, you want him to continue paying these things into maintain the status quo of the home. That is understandable.

    I assume because of your location that your husband is in the army. Army regulation 608 -99, is your friend.

    It is a long and complicated regulation with a lot of twists and turns. Essentially it will require him to pay to you and amount of interim support equal to the amount of Basic allowance for housing at the transient rate with dependents for his particular rank.

    You can find this by looking at the third page of the department of defense military pay chart. This will be on a chart on the third page referred to as the RC/Transient scale.

    He can pay this to you every month in cash, or you can pay mortgage and utility and other basic expenses up to this amount.

    I recommend that you make an appointment at Fort Hood with the legal assistance office. They can advise you further about this and how to communicate with him or, if need be, with his commander about this.

    I hope this is been helpful to you.

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  • I can no longer pay. What will happen to me in Md? my trusts? my military retirement pay? Jail?Forced payments? Problems in Fl?

    I am divorced (Maryland) and have an agreement to pay former spouse $750 mo. forever, no negotiating and no going to court for a reduction or increase by either of us. I pay the money to Child Support (for 16 years) but there are no underage child...

    Steven’s Answer

    You need a vrery good Maryland domestic attorney, one that is well versed in the military and in state law. We are not allowed to make by-name referrals on Avvo. That's a pity, because if I were allowed to do that (which I am not), I would say that the answer to your prayers is Karen Robbins. But because I cannot do that, I won't say that.

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  • Can a OTH discharge from the NG affect my post 911 GI BILL?

    National guard Failed Drug Test for THC. I recently got out after serving seven years. Will a possible bad conduct discharge in the National Guard affect my post 9/11 G.I. Bill. Or will it change my honorable discharge on my DD 214 ?

    Steven’s Answer

    Unless you have a prior enlistment which ended with an honorable discharge, you can say goodbye to your G.I. Bill benefits. The VA will not provide you G I Bill benefits with an OTH discharge.

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  • How can I speed this divorce up ? Would bifurcation work?

    I'm getting married next month to a military man and he wants me to live on base *military housing* my divorce from my previous ex husband is still going on.. what can I do so that I can marry my new army husband and move on with my life. We have...

    Steven’s Answer

    This is simple. First, agree to your current husband's terms. Second, hire an attorney. Third, makee sure your attorney can quickly draft and file the paperwork in accordance with Washington law and local court procedure so that you can meet your marriage timeline. Finally, don't do anything stupid like go to Vegas and get married before your current marriage is legally over. That could open up all sorts of problems for yoru fiancee with the Army.

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