Military Law, Military Law Advice, Ask a Lawyer - Navy Times

Take care of legal issues before deployment

Q. What are some of the key legal protections I have when I’m deployed or called to active duty?

A. Thanks to the Veterans’ Benefits Improvement Act of 2008, cell phone contracts can be canceled or suspended without penalties or extra fees under two circumstances: if a deployment overseas is for 90 days or longer, or if the service member makes a permanent change-of-station move.

This is just one of a number of day-to-day legal issues that many of us will need to take care of before our next overseas deployment. The Servicemembers’ Civil Relief Act is designed to help solve many of the modern-day legal struggles facing service members who need to manage their civilian legal and financial obligations while away from home on military orders.

The SCRA also protects your housing: If you receive notice of deployment or PCS for a period of 90 days or more, you are entitled to have your lease terminated. In order to do so, written notice and a copy of your military orders must be provided to your landlord. Upon receipt of these documents, the landlord will have to terminate the lease 30 days after the date on which the next rental payment is due.

Often, a deployed service member leaves a family at home, which then faces difficulty in meeting monthly financial obligations, including rent. The SCRA can protect you and your family from being evicted as long as you can show that the house or apartment is occupied by your direct dependents.

In order to qualify, your rent must be below a certain amount, which is increased yearly in order to meet timely living standards. The standard to prevent eviction is about $2,900 per month. Protection from eviction generally extends for about three months.

The SCRA’s protections extend to homeowners, as well. If you are a member of the National Guard or Reserve and own your own home, you may find that making mortgage payments can be difficult if you are not receiving your civilian pay. The SCRA can provide temporary relief from these payments if you show that your mortgage was established before beginning active duty, that you still own the property, and that your service affects your ability to make the payments.

Depending on your personal circumstances, there are many more situations that may need legal attention before you deploy — from notifying your civilian employer that you’ve been called to active duty to resolving pending court proceedings.

When you are called to active duty, you will be given the opportunity to see your unit’s judge advocate general officer. Generally, your JAG will be able to provide assistance with some basic legal issues, including drafting a will or power of attorney, reviewing contracts or leases, and even custody or child support agreements. Make sure you take advantage of this benefit.

———

The information in this column is provided for informational purposes only and is not intended to constitute legal advice. Readers are encouraged to seek the advice of an attorney or other professional when an opinion is needed.

Mathew B. Tully is a field artillery officer in the New York National Guard and a veteran of Operation Iraqi Freedom. He is also the founding partner of Tully, Rinckey and Associates, a law firm in Albany, N.Y. E-mail your legal questions to askthelawyer@militarytimes.com.

View more “Ask the Lawyer” columns online here.