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. Went to legal aid and was informed that he was protected under Servicemembers Civil Relief Act (SCRA) and enforcing a DNA test or judgment would be nearly impossible. Is that true even thou he is on active duty he is stateside and not deplyed he just doesn't want to do it because he knows it's his child.
If that is what the military states, why don't you believe it ? Here is the website for this act. Basically said they are resolved from civil actions related to child support, etc. so yes, you were told the truth because having him up for a DNA tests probably means you want to prove he is the father so you can collect child support.
Usmilitary.about.com/cs/sscra/a/scra2.htm (you will have to cut and paste url, sorry my link didn't work) or access the website through Google.
Tick
Was he listed on the birth certificate? Were you married at the time the child was born? There are ways of getting things done but some of the rules may be a little different is all because of the military but they deal with child support all the time.
Quote:
Originally Posted by urbad1
It is not so true...
Generally, the father of any illegitimate child may be required to provide child support through paternity proceedings. Where the father has not acknowledged the child, paternity must be established in court or administratively. The degree and the kind of required proof depends on the purpose for which it is used, and the State law involved.
Aside from the moral issue of fatherhood, child support obligations and some government benefits depend on whether the military member is the biological father.
Paternity establishment is essentially a state law matter for resolution - either judicially or in some states in an administrative proceeding.
The mother of an illegitimate child may allege paternity in a letter to the soldier or his commander, may seek to force the father to provide support through State child support enforcement agencies. Other actions may be brought in connection with divorce, dissolution of marriage, annulment, or spousal support lawsuits, or by a welfare agency.
Often the best place to start is the local Child Support Enforcement Office (CSEO) in your state. CSEO offices are usually listed under "Human Services Agencies" in the local government section of the telephone directory. If there is no separate listing, call the local District Attorney's Office and ask them for the number. The CSEO will either provide everything you need to obtain support, usually for a very small fee; or, depending on your particular circumstances, they may refer you to a private attorney.
Military Paternity Issues
what is a paternity lawsuit, how is paternity established - military
Hello u:Quote:
Originally Posted by urbad1
No, it's not.
In addition to the fine answer you received from GV, I took a look at the act. Read about it here. The Act protects service members from being evicted, and overcharged rent, and things that we WANT our military protected FROM. In so doing, the Act protects the military from SOME legal procedures... PATERNITY isn't one of them.
As you are now aware, legal aid was worth what you paid - NOTHING! You need a lawyer.
excon
Quote:
Originally Posted by excon
Hi exxy, About.com have a different version. The url I provided in my post reads differently then yours, and could possibly be construed to exclude paternity tests and support payments [B]during active duty[/B
Usmilitary.about.com/cs/sscra/a/scra2
Tick
Sorry tickle, but I side with excon here. To quote from one of the links (US Military, Servicemembers Civil Relief Act - Articles
Court Proceedings. If a servicemember is a defendant in a civil court proceeding, the court may (note the word "may"), on it's own motion, grant a 90-day stay (delay) in the proceedings.
It does state that this applies to all lawsuits and specifically includes paternity suits. But it leaves the stay up to the discretion of the court unless the father can get a request from the military.
But read the OP. She was told that it would be "nearly impossible" to enforce this. Even granted the court would allow the 90 day stay, it is clear the SSCRA was not intended to allow service members to escape their obligations, only to postpone them when it would interfere with their military service.
So, to urbad, file for child support. As part of the child support request the court will order a DNA test. I seriously doubt if the court will postpone that. It may be that the military already has DNA on file for the father and will not even need to take a sample from him.
It is possible the court will postpone, for 90 days, the hearings on support.
Hi tick:Quote:
Originally Posted by tickle
Yeah. The law is kind of funny like that. I find it HARD to believe that military fathers are protected FROM having to support their children... It might make the soldier feel better, but it's NOT in the public interest. That's why she needs a lawyer.. He won't charge her if there's no case.
excon
Hello Tick!Quote:
Originally Posted by tickle
You read it in wrong way.
The goal of Servicemembers Civil Relief Act is not to allow avoiding of obligations.The goal is to protect some members on military duty from "father shopping".
Now CCRA protects those men . They have right to be informed.
It does not mean that a military employed man will be free from his obligations
Hi GV, thanks for pointing that out.Quote:
Originally Posted by GV70
Tick
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