Legal Question in Military Law in Illinois

Service Member Relief Act

My ex husband was called up on active duty. His lawyer is requesting a Stay of proccedings. First, will the judge grate it even though there is no cases currently and two, if the judge doesn't grant it, can I ask for an increase in Child Support while he is deployed?


Asked on 1/27/08, 6:03 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Service Member Relief Act

In most cases the Soldiers and Sailors Civil Relief Act provides a means to stay the proceedings during the period of active duty deployment. The judge should grant the stay. However, a stay simply means that no action will be taken during that period of time. When the stay is finally lifted, if you are granted an increase in child support, it may be retroactive to the date of filing. So there may be a silver lining on this cloud.

Consult your attorney for more information.

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Answered on 1/28/08, 10:44 am


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