Legal Question in Family Law in Florida

Re: Child Support Arrears

If you were not properly served with the child support papers, then the Order is not valid. If you were unable to appear because you were overseas, then you should file for the Order to be set aside and for a new trial. If this does not happen, then you have to appeal the Order to the appellate court in Florida. But they do have to get the proper service on you, that means, when the complaint was filed, it had to either be given to you personally or you had to sign for a certified mail letter. Anything else is not proper service and you have an out there.

Re: Child Support Arrears

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am not an expert on military law, however, Congress passed the Soldiers and Sailors Relief Act during the 1940's to protect members of the armed forces from civil actions while overseas. Based on the limited information which you have provided, it appears that this may have been violated. A very basic synopsis of this act can be found at:

http://www.dod.mil/specials/Relief_Act_Revision/index.html

Under the act service members involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude their proper representation in court. This provision is most often invoked by service members who are on an extended deployment or stationed overseas. Of course, they would have to be aware of the action through proper service of process.

If the Plaintiff and her attorney filed this action and obtained a default while knowing that you were deployed overseas, they may be guilty of a contempt of court or possibly a federal crime.

I would strongly suggest that you retain an attorney who is knowledgable about both this act and marital law to review the specifics of this matter and intercede on your behalf.

Scott R. Jay, Esq.