Legal Question in Family Law in Alaska

CS modification w/ military NCP

I am the custodial mother pursuing a CS modification. The father is currently in the army (basic training). He was served notice of the petition at his residence in WA on 2/19/98, prior to his enlistment in the army. The petition was filed at court on 2/23/98; he was sworn in on 2/25/98. He did not respond to the service of petition w/in 20 days (3/16). I would like to have a default judgement entered, but have been informed that may not be possible because he's on active duty in the military (Soldiers and Sailors Civil Relief Act). Needless to say, I find this frustrating--that he can just ignore the suit and hide behind the S&SCRA until he feels like dealing with it; meanwhile my son suffers from a lack of finacial support from his father. My question, then (my hope) is this: does it make any difference if he was served *before* he was sworn in to the army? I appreciate any information you can provide on this matter.


Asked on 3/20/98, 2:47 am

2 Answers from Attorneys
Gary Preble Preble Law Firm, P.S.

Soldiers and Sailors

For starters, write his commanding officer. The military takes family obligations very seriously.

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Answered on 3/31/98, 1:10 am
Andrew Sargent Law Office of Andrew H. Sargent

soldiers & sailors

He can not escape his obligation while in the military. Write his commanding officer. Note however that in order for a CSM you must meet certain criteria. His support obligation will be based upon his income. You should look at how his military pay will effect the existing order before you proceed. You would not want to go thorugh the process and end up with less support. You should seek local counsel. Good luck

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Answered on 4/01/98, 6:15 pm


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