Legal Question in Family Law in Maryland
I filed for a child support modification back in Dec 2010 when I found out my ex was activated in the US Army. Of course our case was stayed until Sept. 2011 because that's when his unit was scheduled to come back to the US.
Well now I find out that he is staying overseas for another year. My daughter turns 18 in October of 2011, can I still take him back to court when he comes back in 2012?
Or can I petition the court to do something else?
I know his income, it's public knowledge on the DFAS site, can't the courts just order the modified amount and I can send the order to the DFAS wage garnishment dept?
He knows I filed the case yet has still refused to pay the additional support amount due to his increased income.
1 Answer from Attorneys
Members of the Armed services have enough to deal with and worry about when on active duty and military planners need to worry more about bringing the troops home safely and plan their missions without having to worry which soldier has a court date to appear for. This is why the courts stay cases while a party is on active duty.
The fact that the case is "stayed", does not get rid of the case. If you case is dismissed and you try and file for a modification after your daughter turns 18, your case will be dismissed. If your case is stayed however, and you prevail or convince the court that the support should be modified, then there will be an arrearage amount calculated back to the date of filing.
My concern from the fact pattern you described is that the court will automatically dismiss you case after a year or so, unless you explain why the case needs to be stayed. If you help with any of this please call me at 410 847-9075 or e-mail me at [email protected]
Sincerely,
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