Legal Question in Family Law in Pennsylvania

Affects on support for military reservist on active duty

I am a reservist who has been called to active duty. My pay will be signifigantly

reduced. If the current order stands, it will be a significant hardship to my

current wife and step-children. My ex-wife and I share 50/50 custody.

However, I am still paying her under the original custody/support aggreement,

where she had primary custody. I am recently re-married and now have three

step-children, where their father has had no contact for six years. What

recourse due I have? Does the Soldiers and Sailors Relief Act come into play?


Asked on 8/04/05, 3:32 pm

3 Answers from Attorneys

William Kraut Divorce Law Center

Re: Affects on support for military reservist on active duty

As you have been told file a petition to reduce now. Contact an experiened attorney in your area.

Bill Kraut

Read more
Answered on 8/06/05, 10:34 pm
Mark Johns Mark Johns, Esquire

Re: Affects on support for military reservist on active duty

You need to file a petition to modify support before you leave, the reduction can be upcoming but the court can't retroactively reduce the amount except to the date of the filing of the petition. The support should be terminated if you are at 50/50. I offer free consultations.

Read more
Answered on 8/04/05, 3:51 pm
Ilene Young Young Law Offices

Re: Affects on support for military reservist on active duty

The amount of a support order is reduced retroacatively to the date when the petition for modification is filed, so it is best to file for a reduction immediately. A reduction in income, as well as a change in "overnights" in the custody arrangement, are circumstances which support the need for a reduction.

In general, the sailors and soldiers relief act bars legal actions being taken against servicemen on active duty in some circumstances - In support law, for example, it does not halt an ongoing support obligation, but may bar a contempt action. This is not an absolute but depends upon the establishment of both the unavailability of the serviceman and the fact that he or she will suffer by being unable to appear to defend an action. Your base legal advisors should be able to assist you in these matters. Please speak to a local attorney at your earliest opportunity.

I wish you the best.

Ilene Young, Esquire ~ 215-348-5448

NOTICE

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

Read more
Answered on 8/04/05, 5:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania