Skip to main content
Steven P. Shewmaker

Steven Shewmaker’s Answers

416 total

  • How will this affect future employment? Can I have it expunged?

    I recently went to court for a local ordinance of cruelty.The fine and probation was suspeneded.I plead no contest.

    Steven’s Answer

    If you play to a county ordinance violation, that does not get reported to the GC IC network. Therefore there is nothing to expunge. There is also no database for county ordinance violations that employer can see. I don't imagine that you were arrested for this, but if you were there would be an arrest record.

    See question 
  • My husband was deported to Montevideo uruguay and though legally married to me he remarried in Uruguay can something be done

    He has remarried and had children with this other woman....

    Steven’s Answer

    You will have to file for divorce in the county where you live (probably Fulton?). Unless you can find him and gain his consent, you may have to file for service by publication. After this is done properly, the judge will grant you a divorce. Yours will probably be cumbersome and time consuming because of where he is now, sorry.

    It will be more expensive, but less frustrating if you hire an attorney to do this for you. Many of us on Avvi will give free initial phone consults.

    Steve Shewmaker

    See question 
  • Already divorced, married 11.9 years. She is military about to retire how do I file on her pension? She divorced me.

    we were both navy, I got hurt and medically retired, I stayed married, till 11.9 years, she filed in CA. now she is about to retire, how to I file on her pension

    Steven’s Answer

    Technically, you obtain a certified copy of your decree and your settlement agreement (if it is separate from the decree of divorce). If the decree/settlement lacks the specific clauses mandated by DFAS, you have a pension division order drafted; it needs to be signed by a judge and certified. You send these items and a completed DD Form 2293 and a cover letter to DFAS.

    Now, in reality, you pay a lawyer who has done this before to do it for you.

    Note: All of the above assumes the decree gives you any of the pension. If the decree is silent, then you have no interest in her pension.

    See question 
  • Is there a chance of not being discharged from the marines if you test positive for THC?

    3rd year marine lives on base with wife and child.

    Steven’s Answer

    It may be very hard, and it depends. If you have less than six years and the command gives you an honorable or a general discharge, they can do this without sending your case to a board.

    If they refer your case to a board for an other than honorable discharge, you have a shot at being retained by the board.

    You need to consult with TDS today.

    See question 
  • Civilian vs military

    If you were accused of theft in the civilian side, and the case was dropped with no charges, can the military Pursue to get you for theft?

    Steven’s Answer

    It depends. If by military you mean you are under Title 10 active duty (or federal reserves on drill/AT) I agree there is dual or concurrent jurisdiction, as others have said.

    If you are under Title 32 status or federal reserves not in duty, there may or may not be military jurisdiction.

    Go see TDS or private civilian counsel quickly. A face to face consult is better than this. Many of us on Avvo will do free consults as well.

    See question 
  • Child support

    Im station in hawaii curently I'm in the army getting separate under medical discharge. I being given 100 % disability. I being married for over 17 years but is time to depart the relationship. Of my desability how much do I have to pay for my...

    Steven’s Answer

    Your child support and alimony obligations are a matter of state law. Whether a state will consider your disability for child support and/or alimony is strictly a matter of state law. States vary. Hawaii law and Alabama law may be nearly the same or very very different. Add to that the discretion of the judge within that state.

    There is no way to accurately answer this question. HOWEVER, most states are going to expect you to take care of your children no matter the source of your income. VA Disability does not mean that a person cannot necessarily work. The real measure is Social Security Disability Income, which unlike VA disability income, will actually pay a separate amount to your dependent children, meaning it is a more thorough source of true disability.

    Expect that your income from the VA will be fully considered as income, no different than if you were working for a wage in a factory.

    Sorry about that, but I hope that clears it up.

    See question 
  • How can I find out who made an anonymous report to DFCS about me

    I was accused of neglecting my children and after the investigation they realized that who ever made the report had lied on me

    Steven’s Answer

    You cannot. You will never be able to do that. Those records are not discoverable to you. HOWEVER, you can request that the Court do an "in camera inspection" of the DFCS records. You can do this if there is an ongoing case, like a divorce case or a legitimation action. In a trial, you can ask the person that you think made the report (your spouse or your spouse's boyfriend, for example) "Did you file an anonymous DFCS complaint?" The judge will know whether the witness is telling the truth.

    There you go.

    See question 
  • Am I really AWOL?

    So I was discharged from the army. I have both form 1 and 4 of my dd214. My unit contacted me saying I was AWOL as of 9 April 2015 (discharged on 31 march 2015). Is this possible?

    Steven’s Answer

    This sounds unusual. This is more of an admin problem than a military law problem, at this point at least. It is not uncommon for the unit to throw out words like "AWOL" which is understandably scary. The best thing to do is to call up there and talk to the senior NCO or the admin NCOIC and say (nicely) "Hey guys what gives? I have a DD 214 and thought I was discharged. The actual charge here, Article 86 requires the government to prove that you have knowledge of your time and place of duty and that you intentionally blew that off. It does not sound like that fits here if you cleared the unit, cleared the post and got all your paperwork. Call your unit, make nice, and see what they can tell you about this.

    Good luck.

    See question 
  • I'm married my name is not on the house ,cars or not even the bills every time he's mad he says it's belong to him take keys

    I want to know what are my rights and where do I stand in this matter I've called the police twice because of his actions in making me be afraid of him and not knowing what bag his going to come out of.He also has his mail going to another address...

    Steven’s Answer

    You say: “I'm married my name is not on the house, cars or not even the bills every time he's mad he says it's belong to him take keys.”

    I say: It does not matter if your name is on the house, cars etc. It has not mattered since about 1980. All property acquired during he marriage through the efforts of the parties to the marriage (excepting property received by gift or inheritance) belongs to the marriage; that means it belongs to you both. You can agree on how to divide it, or you can take the issue to a judge or to a jury to decide this. You have rights and power. You need to stand up for yourself.

    You say: “I want to know what are my rights and where do I stand in this matter I've called the police twice because of his actions in making me be afraid of him and not knowing what bag his going to come out of. He also has his mail going to another address other than ours. Also there is a will that he not say what in it. My husband also mark marks on himself so that I did it to him.”

    I say: I cannot exactly follow all of this. YOU NEED to speak with an attorney face to face who can advise you of your rights better than can be done here. A one hour consult with an attorney will work wonders on your nerves.

    I hope this helps you.

    See question