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Jan 05
2005
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Ask a Lawyer: Currently stationed in IraqPosted by Dads Divorce in soldier, NC, multi-state, military service, Maintenance, Iraq, garnishment, duty, Child Support, Ask A Lawyer   |
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Question:
My new wife was just served with a complaint from Pennsylvania where we live. It was sent by the state of North Carolina where my ex lives. She is requesting more money. They requested me to show up but I currently live in Iraq... She filed this motion in NC and in PA. So I have NC garnishing my money and I have PA requesting documents from me to modify and garnish my wages... What am I to do?
Answer:
Have your current wife retain an attorney and seek protection under the Soldiers and Sailor's Relief Act. This Act prevents the prosecution of litigation against military personel on active duty. This will delay the action until your return, but not prevent the action from going forward when you return. With regard to the situation presented, it appears from the limited information presented that the proper procedure under the uniform child support statutes is being followed. The State that is the residence of the child will perform the modification, but your State of residence will enforce the action.
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