Legal Question in Family Law in Maryland
My exhusband is in the Army National Guard and was recently activated. I filed a modification of Child Support through the court and they are sending me a summons that I have to serve him. If I send it to his unit, are they required to pass it on to him?
I contacted the Army world wide locator service but they told me that during "war time", they cannot tell me his location.
And if I cannot get him served, is there another way to get the order for Child support modification?
I do know that once I get the order, I just send that to the military garnishment office, but if I cannot get him served, how do I get the order?
Thank you
2 Answers from Attorneys
You should consult a Maryland family law attorney for the proper method of serving your ex-husband with the modification. There is another way (called "publication") that you can serve him if you cannot find him or he has been deployed. I don't know the specific facts of your situation; however, if you are using your ex's activation as the sole reason for your modification request, I find that to be disgusting and abhorrent. No person should face losing custody of their child simply because they chose to serve this country. Think long and hard before you act.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******
If you go through the c.o. of his unit they will usually cooperate in seeing that court papers are delivered to an active duty soldier. If he is in a war zone that may be difficult. Also, especially if he's overseas the court won't proceed on a contested modification case if the serviceman is unable to participate because of his duty assignment. You cannot serve him through publication of the court notice in a newspaper for this kind of case.
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