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    nonameme's Avatar
    nonameme Posts: 1, Reputation: 1
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    #1

    Mar 29, 2011, 08:59 AM
    How to submit stay to court?
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Mar 29, 2011, 09:12 AM
    Quote Originally Posted by nonameme View Post
    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 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.

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