Active duty military personnel have specific protections that may impact child support under the Servicemembers Civil Relief ACT (SCRA). SCRA was passed by Congress to provide protection for individuals entering or called to active duty in the military service. Among other things, it is intended to postpone or suspend specific civil obligations to enable servicemembers to devote full attention to their military duty. Reservists and members of the National Guard also get the benefits of the SCRA while on active duty. The protection begins on the date the individual enters active duty and terminates within 90 to 180 days after the date of discharge from active duty. SCRA was designed to protect servicemembers who were called to active duty and incurred obligations prior to entry. If a servicemember incurred an obligation after entry into active duty, 50 U.S.C. Appendix 527 is not applicable to that obligation.
Amended Family Code Section 3651 now provides that when a member of the National Guard or a military reservist is a party to a child support order and is activated and deployed out-of-state, the service member may request an expedited modification to his/her child support order prior to his/her activation.
Visit the link for forms and further information about the Review and Adjustment of Child Support Orders for Military and Service members Deployed Out-of-State.
You may also visit the State of California Web site for more information on child support and the military information.