Legal Question in Family Law in Utah

Servicemember's Civil Rights Act does not apply

In a recent court case for a hearing to stay a judge ordered a defendent who was not present, but was represented by someone with a general power of attorney, to pay temporary spousal support. The defendent is still married to the plantiff. The defendent was the one who filed for divorce. The judge stated the defendent who is deployed to Iraq in support of Operation Iraqi Freedom, judge had signed affidavit from unit commander, is not protected under the Servicemember's Civil Rights Act because he is the one who filed for divorce. He has now been ordered to pay. The military states that while the couple is still married he has only to pay a certain amount for the home that the military pays to him. Is the judge allowed to do this and why?


Asked on 6/23/04, 4:21 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Servicemember's Civil Rights Act does not apply

The judge can do what he did, the question is whether a reviewing court would agree. You can appeal the decision. If a commissioner made the decision you appeal to the judge of record; if a judge made the decision you appeal to the courts of appeal - or ask for a rehearing after you do your research and can present your argument backed up with the law.

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Answered on 6/23/04, 8:19 pm


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