[Chev22]

Im 21, my father was in the military and when my mother went to ask for support he was in Germany which meant no can do, can I or my mother now ask for back child support for me and my sister (25)

[smoothy]

Im 21, my father was in the military and when my mother went to ask for support he was in Germany which meant no can do, can I or my mother now ask for back child support for me and my sister (25)

No... you are both legally adults.and the time is past.

She could have asked for support back then... but didn't. Because if he was in the Military it wouldn't have been refused. I know because I was over there 20 years ago and they very much WERE taking child support payments off service members and had been for some time. I worked with service members that were paying it.

[AK lawyer]

... Because if he was in the Military it wouldn't have been refused. ...

The Servicemembers' Civil Relief Act presumably bars suits for child support. But if she had gone to the father's commanding officer, or the correct office of the Department of Defense, I am sure she could have enforced payment of child support. The fact that he was overseas would have been no impediment to that.

The mother might consider suing for CS once the father is no longer in the military. Depending on her state, retroactive CS might be possible and with respect to whichever state's statute of limitations applies, it can be argued that the Servicemembers' Civil Relief Act stopped the clock from ticking.

[smoothy]

The Servicemembers' Civil Relief Act presumably bars suits for child support. But if she had gone to the father's commanding officer, or the correct office of the Department of Defense, I am sure she could have enforced payment of child support. The fact that he was overseas would have been no impediment to that.

The mother might consider suing for CS once the father is no longer in the military. Depending on her state, retroactive CS might be possible and with respect to whichever state's statute of limitations applies, it can be argued that the Servicemembers' Civil Relief Act stopped the clock from ticking.

Odd... I knew a few guys 20 years ago in the Service (Army and Air Force), stationed overseas where I was... paying child support, and it was taken out of their pay before they got a dime and that was around 1990.. they bellyached enough about it not leaving enough I assumed it wasn't voluntary.

[Fr_Chuck]

I agree, service men I have known always had their pay garnished for child support.

But anyway, if you mom actually ever filed a case, she could attempt back support though the case she had. But if she never got a child support order she is out of luck.
The children do not have a case,

[AK lawyer]

Odd....I knew a few guys 20 years ago in the Service (Army and Air Force), stationed overseas where I was...paying child support, and it was taken out of their pay before they got a dime and that was around 1990..they bellyached enough about it not leaving enough I assumed it wasn't voluntary.

As I say, no doubt there is a way to force CS payment from servicemembers' pay. But strictly speaking I don't know if it's by court order.

I've often wondered about it. I have researched the SCRA a number of times (on unrelated issues), and never seen an exception for CS.

[cdad]

As I say, no doubt there is a way to force CS payment from servicemembers' pay. But strictly speaking I don't know if it's by court order.

I've often wondered about it. I have researched the SCRA a number of times (on unrelated issues), and never seen an exception for CS.

Judging from the ages of the parties involved it most likely may not be covered under the SCRA as that hadn't come into being until 2003. The more likely would be that it was covered under the SSCRA which took effect in 1940 but was revised in 1991 during Desert Storm.

Ref (SCRA)

http://usmilitary.about.com/od/sscra/l/blscramenu.htm

Ref (SSCRA)

http://usmilitary.about.com/cs/sscra/a/sscra.htm

[ScottGem]

The SCRA and its successors allows service people to postpone litigation while deployed overseas. But its only a postponement. Also, if a child support order was entered while the service member was stationed in the US, it would have remained in effect and payments continue to be taken while they are deployed.

So it appears someone told the OP or their mother the wrong info. So the mother (not the children) MAY be able to file for retroactive support.