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.

By Nancy Shannon

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

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

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.

DadsDivorce Live host Rick Ortiz talks with Fathers & Families' legislative representative Michael Robinson, who worked with Mark Sullivan of the American Bar Association on federal military parent legislation. 

Thanks in part to their work, the National Defense Reauthorization Act (HR 2647), which was signed by President Obama in October 2009, mandates that the Secretary of Defense produce a report on child custody litigation involving members of the Armed Forces, as well as international intrafamilial abductions of servicemembers’ children.

The Secretary of Defense will submit its report to the Armed Services Committees of the Senate and the House of Representatives by the end of March. This problem affects both fathers and mothers who serve. If you are a military mother or father whose custody rights have been adversely affected due to your service, make sure your story is included in the Secretary of Defense’s report.

You can learn more about the Fathers & Families organization at www.fathersandfamilies.org.

Question: I am recently medically retired from the Army at 14 years. My retirement was due to combat injuries and my income is non-taxable. 

I have heard that my type of income is not considered income for child support purposes since no taxes are paid and it is not reported to the IRS. 

Is this true?

Question: I recently returned from military deployment where I completed my child support obligation in 2007. 

When I returned to my civilian job they continued to take child support from my pay despite numerous attempts from the Attorney General ordering them to stop the garnishment. I am at wits end. 

What can I do to stop this? I’ve already met my obligation!