Legal Question in Family Law in Pennsylvania
Affects on support for military reservist on active duty
I am a reservist who has been called to active duty. My pay will be signifigantly
reduced. If the current order stands, it will be a significant hardship to my
current wife and step-children. My ex-wife and I share 50/50 custody.
However, I am still paying her under the original custody/support aggreement,
where she had primary custody. I am recently re-married and now have three
step-children, where their father has had no contact for six years. What
recourse due I have? Does the Soldiers and Sailors Relief Act come into play?
3 Answers from Attorneys
Re: Affects on support for military reservist on active duty
As you have been told file a petition to reduce now. Contact an experiened attorney in your area.
Bill Kraut
Re: Affects on support for military reservist on active duty
You need to file a petition to modify support before you leave, the reduction can be upcoming but the court can't retroactively reduce the amount except to the date of the filing of the petition. The support should be terminated if you are at 50/50. I offer free consultations.
Re: Affects on support for military reservist on active duty
The amount of a support order is reduced retroacatively to the date when the petition for modification is filed, so it is best to file for a reduction immediately. A reduction in income, as well as a change in "overnights" in the custody arrangement, are circumstances which support the need for a reduction.
In general, the sailors and soldiers relief act bars legal actions being taken against servicemen on active duty in some circumstances - In support law, for example, it does not halt an ongoing support obligation, but may bar a contempt action. This is not an absolute but depends upon the establishment of both the unavailability of the serviceman and the fact that he or she will suffer by being unable to appear to defend an action. Your base legal advisors should be able to assist you in these matters. Please speak to a local attorney at your earliest opportunity.
I wish you the best.
Ilene Young, Esquire ~ 215-348-5448
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.