Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• If we've come to an agreement on our own of no child support, will a judge force her to take support from me because I earn more?
• Do I have the legal right to drop my wife from my medical insurance as long as I give her 30 days notice?
• During the divorce process my kids hate leaving me and going back to their mom. Can they stay with me and not her?
• Divorce seems inevitable, so what is the first step I should take to increase my chances for the best outcome?
• Can one state come after me for owed child support if the case is in another state?
• How can I keep my kids safe if my ex is abusing them during visitations?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• If she gets an equity loan on her gifted property, will that debt also be my debt in divorce?
• Do I and my ex wife have to file bankruptcy together or apart?
• In order to keep the house, can we settle on a child support payment amount that is less than the Friend of Court would determine?
• Is infidelity ever taken into account when awarding parenting time or child support?
• Is it considered kidnapping if the father does not consent to his children moving?
• Can grandparents seek custody?
• Can I ask to be my niece's legal guardian even if I'm stationed overseas?
• Where should I file the modification if I don't live where the divorce took place?

By Nancy Shannon

Attorney, Cordell & Cordell P.C., Omaha, Neb., office

Note: This is Part 2 of a 2-part series on active military members and common questions about their rights. Click here to read Part 1.

Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 2003 (SCRA). Tracing its origins back to the Civil War when a freeze was placed on all civil actions against federal soldiers, the SCRA provides expanded protection over it’s predecessor, the Solders’ and Sailors’ Civil Relief Act of 1940.

Servicemembers are at a disadvantage when faced with defending a civil lawsuit or fulfilling financial obligations while also serving their country. The SCRA provides protection to active members of the armed forces, in addition to reservists and members of the National Guard, in some circumstances. There are several different types of protections, ranging from lowered interests rates to eviction restrictions.

For any parent (or alleged parent) in the military, the SCRA provides a valuable benefit when faced with child custody and support issues.  It’s possible for parents in the military to stay, or suspend, civil actions brought against them during their service, and for a brief time after, in some situations.

Read on for common questions about SCRA.

Question:

My ex wife filed for a divorce in a county neither of us lived in at the time. Without being properly served, I was just notified that her attorney got a judgment for a property settlement of $7,500. How can they do this without me knowing, and how can they do this when she already got most of our assets? Also, is filing for a divorce in a county that neither of us were residents of considered legal? This is a whirlwind that has left me very confused.
 

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• My divorce papers in one state order me to pay child support until my sons are 21. They now live in another state where emancipation is 18, so do I have to keep paying until they are 21?
• How long do I have or how do I go about forcing my wife to get the rest of her belongings out of my house so I can move on?
• Can my 17-year-old daughter refuse overnight visits with me?
• What can I do if my ex defaulted on a loan that is ruining my credit?
• What can I do if my child support was calculated incorrectly?
• My house is in the process of foreclosure. I have access to my 401k to stop the process and pay all our outstanding bills. Should I salvage the house and start fresh with zero debt just before we get a divorce?