I am trying to obtain a child support order for child support from my baby's father who is in the military, navy. We tried a written agreement between us but he has not sent the money regurally. I have contacted his C.O. who passes my request on to the Master Chief who basically tells me, he can't do anything about it without a court order. I can not obtain a court order with out him going to court. The court will not give me a default judgement because of the Civil Serviceman's Act...? He is protected by the military and refuses to go to court. I contacted Child support services several times and they tell me they can not find him. I don't understand how this could be since he is on the base. I have started a case in the court with him and have served him but can not do anything about obtaining a judgement b/c he is in the military.
We were never married and we currently have open communication. How can I get a child support judgement with him being in the military?
2007-07-24 09:05:08 · 5 answers · asked by Pretty in Pink 1 in Politics & Government ➔ Law & Ethics
I'm thinking an Order to Show Cause why he couldn't make it to court, but that would require serving him again, and could just drag things out. (Besides, it's essentially the judge saying to respect the court or go to jail, so if he keeps ignoring you it could get uglier than you want it to.)
The Civil Serviceman's act was made to protect soldiers, and I've rarely heard of them hiding behind it. (Unscrupulous people before the act passed would sue a soldier who was on a tour of duty, and when he got back he'd find a default judgement against him for debts he never racked up, so the law was made quit letting people get judgments against soldiers unless the soldiers showed up to court.)
I'm not a lawyer--if you don't trust yours, call another one for a second opinion.
2007-07-24 09:15:57 · answer #1 · answered by wayfaroutthere 7 · 0⤊ 0⤋
If he is in the United States you can serve him like anyone else. You can also get a judgment against him but you will have to request the court appoint an "attorney-ad-litem" to represent him pursuant to the Soldier's & Sailor's Civil Relief Act [50 US Code Sec.500] That request should be part of your initial petition. There may be a procedure in your state to have the court appoint counsel for you pro-bono. (It's not really pro bono because depending on your state's law the attorney representing him can be awarded payment from the from father -- altho' it may be something like $25.00 a month) Your local Legal Aid office should know how to do this. Once this is done, the Servicemen can delay the final court hearing until any deployments are over -- but most will agree to a voluntary allotment because they know you're gonna get 'em when they get back & they'd rather stop the arrearage from running up.
2007-07-24 09:39:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, his CO and master chief should be able to haul him into court, and the civil servicemen's act was to prevent people from getting default judgments while they're overseas and unable to appear. If he's on American soil, there's no reason he can not show up for court.
2007-07-24 09:15:52 · answer #3 · answered by Hillary 6 · 0⤊ 0⤋
You need to get the court to wait until he is not deployed, and get the court to hold the hearing and issue the order at that time.
2007-07-24 09:08:35 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
JAG office and an attorney. Go spend a little cash....
2016-05-17 11:42:13 · answer #5 · answered by jacqualine 3 · 0⤊ 0⤋