Legal Question in Family Law in Indiana

child support

my husband keeps recieving court dates from his ex to up child support. He has been in Iraq since June 2006 and cannot come to the court dates because he isn't even in the united states and that is why she is attacking him for more child support now. There daughter is almost 7 she has never taken him to court before but since he is gone she thinks they will rule in her favor and rule him as a no show. How can I stop her from doing this, isn't it illegal to mess with a soldier whom is serving overseas? Can't I do something to stop her from doing this until he gets home and can defend himself? They cannot rule in her favor for more support because he is over seas and can not come to the court hearing can they?


Asked on 5/22/07, 6:01 pm

2 Answers from Attorneys

Re: child support

You should contact an attorney immediately and have him or her file the correct papers. Although, you might be able to send a letter to the court explaining the situation, the court may not accept the letter since it would not be in proper form for court filing. We have a South Bend location if you do not have a lawyer currently.

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Answered on 5/24/07, 11:05 am
Voyle A. Glover Attorney at Law

Re: child support

No, they cannot issue an order where he is serving in the military and unable to attend the hearing. You need to have him contact the court and inform the court, and if he is unable,you could do that. If he has a lawyer, then the lawyer will know to do that. If not, then at the least, send notice to the court, and to the opposing counsel.

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Answered on 5/22/07, 9:51 pm


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