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My son is in the service active duty. He won't be back year.

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My son is in the...
My son is in the service active duty. He won't be back for one year. He left his son who is 7 months with his mother-n-law who filed for temporary custody. It goes to court in July for her to take custody. Now she is demanding money from him and he is overseas. He has two other small children who he is supporting as well. He doesn't have the money right now to pay her. My understanding is that while active duty things kinda freeze financially and legal actions cannot be taken against you for not paying. Is this true?
Submitted: 1 year ago.Category: Family Law
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6/21/2016
Family Lawyer: Attorney2, Attorney replied 1 year ago
Attorney2
Attorney2, Attorney
Category: Family Law
Satisfied Customers: 7,428
Experience: 29 Years Experience in Family Law
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Welcome and thank you for using JA. Can you tell me the State that your question pertains to? The mother-in-law god have moved for guardianship during the permit he would be on active duty. Can you tell me where the mother of this 7 month old child is?

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Family Lawyer: P. Simmons, Lawyer replied 1 year ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,281
Experience: 16 yrs. of experience including family law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different expert here.
That is not correct...that is, it is not correct to assume that things will "freeze"...in fact, the service regulations REQUIRE he provide support.

And if he does not follow the rules ? He can be prosecuted by the military

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Family Lawyer: Attorney2, Attorney replied 1 year ago

I am sorry another attorney seems to have entered the post. I am a licensed attorney with 27 years of experience. What is the situation with the mother of the child? There is nothing in Military law that would exempt him from paying child support if there was a court ruling that ordered him to pay. In fact there would be consequences for him if he failed to pay. I am curious why this issue is coming up a this time. You do not need to pay any additional money for a phone call as I am happy to continue to work with you in this format at no additional charge.

This link sets out the different branches of the military guidelines to support http://paycheck-chronicles.military.com/2011/03/31/required-family-support/

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Family Lawyer: Attorney2, Attorney replied 1 year ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my answer positively so I will receive credit for my work I would appreciate it. Thank you for using JA! We appreciate your business.

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Attorney2
Attorney2
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Category: Family Law
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