Legal Question in Family Law in New York
What if i can't be in court?
i'm in the army and i'm paying child support, i'm in the process of deploying to afghanistan in the next couple of months. what happens if the mother of the child decides she wants to take me back to court for an increase in support or something else she can think of. i just can't stop in the middle of a mission to call the court? what are my options if this happens. also what if I die while i'm overthere what happens to the child support. I am also planning to retire from the army in the next three years i will be getting my retirement check, but it will be half of what i am earning now, can i file for a downward modification? and if i want to live of my retirement can the judge make me get a job so the child support does not have to be lowered? if i don't live in the same state as the child how can i file for a modification? thanks
1 Answer from Attorneys
Re: What if i can't be in court?
The military has an office that will assist you with any such problems - if you hear of anything going on, pass a request to see your JAG or legal officer up your chain of command.
Even if you don't learn of it, the Court will not allow or enforce a default against anyone on active duty. But it's best to leave with the mother the name and contact information of your attorney, just in case.
Good luck in Afghanistan, and thanks for what you're doing on behalf of us all.
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