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nonameme
Mar 29, 2011, 08:59 AM
My ex and I have a court summons waiting over child support. We were served before he deployed for his one year absence. I don't want the case to disappear and would like the court to stay it for when he gets back. How do I go about doing this?-UTAH

JudyKayTee
Mar 29, 2011, 09:01 AM
You notify the Court that he has been deployed and will return on X and you would like a stay until that time.

You filed the Petition for support?

AK lawyer
Mar 29, 2011, 09:12 AM
My ex and I have a court summons waiting ... We were served ...

Your phrasing suggests that you and your ex are defendants. That doesn't make a lot of sense, so please explain.

If the ex is the father of the child, I would be very surprised if the Servicemembers Civil Relief Act (http://en.wikipedia.org/wiki/Soldiers%27_and_Sailors%27_Civil_Relief_Act) constitutes an absolute bar to a child support order for an entire year. It is likely that there is some mechanism to require child support in the interrum. You should be getting a portion of his pay.