Can an active duty military spouse be sued for child support?
Yes, he or she can. As mentioned, SCRA doesnt provide a blanket immunity and a trial court can stay (or hold off) the litigation if military service would have a material effect on his or her ability to defend the litigation, including, in this case, a child support action. All military members have a duty to support their children and their spouses, so their pay may be garnished to insure the payment of proper support. The military has its own rules for conduct, but military personnel are subject to the same civil and criminal laws as civilians. A military spouse can be sued for child support while he or she is in service, but this is a problematic area for many courts. On the one hand, they agree that child support and paternity actions are extremely important; on the other hand, they recognize that military parents should be present to litigate and argue the issues. An ex-husband cannot expect an indefinite stay of proceedings here. He should be prepared to present a reasonable time
Related Questions
- Can the non-military spouse establish Virginia domicile separate from the domicile of the active duty military spouse?
- I am serving or being called to active military duty. Who can I contact about the Servicemembers Civil Relief Act (SCRA)?
- Can an active duty military spouse be sued for child support?
