Legal Question in Family Law in Maryland
My ex is in the national guard and has a child support order to pay. He was deployed last year and when I found out, I filed for a modification since his income went up by being deployed. The case was stayed until his return but then he volunteered for another tour overseas. And again the case was stayed. I found out at a later date that he came home for a small vacation but he did not let the court know.
What options do I have to find out if and when he comes back so I can have him served and get this modification order in place.
The Maryland courts said I only have 3 years from the time my child turns 18 to file for the modification.
What if he stays overseas the entire 3 years?
According to the military, all I need is a judgement against DFAS to take the new amount out of his pay but my state court won't do it unless he physically comes to court.
My child turned 18 this year but I filed for the modification back in 2010.
I don't think this is fair that he uses his deployment to avoid paying the support for our child.
Thank you for your time.
1 Answer from Attorneys
Regarding the 3 year limitation period, you have satisfied that my filing for a modification. The fact that it has been stayed does not mean that you have to file again.
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