Military service requires immense sacrifice, and for parents who serve, balancing deployment obligations with family responsibilities can present particular challenges. When deployment orders arrive, service members with child support obligations need to know their rights and how to protect their interests while serving their country.
This article will cover the legal protections available to deployed parents, how military service affects child support in Maryland, and the steps you can take with your legal representative to modify support orders during deployment.
Federal Protections Under the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) provides significant legal protections for active-duty military members experiencing child support issues in deployed situations. This federal law recognizes that military service can materially affect a service member’s ability to participate in legal proceedings and meet certain financial obligations.
Under the SCRA, deployed parents have the right to request a stay of court proceedings if their military service prevents them from attending hearings. The court may grant an initial 90-day delay, with additional extensions possible at the judge’s discretion. This protection applies to child support modification hearings, establishment proceedings, and enforcement actions.
The Impact of Deployment on Child Support in Maryland
In Maryland, military service is acknowledged by law as a significant change in circumstances that can warrant a modification of a child support order. When seeking to modify child support, deployed parents must demonstrate that their income or ability to pay has changed significantly.
Deployment can affect your financial situation in multiple ways. You may lose access to second jobs, experience changes in housing allowances, or contend with increased expenses related to maintaining family communication across distances.
To seek a modification in Maryland, submit a Motion to Modify Child Support to the circuit court that issued your original order. The Maryland Child Support Administration provides a modification packet with all necessary forms and instructions.
Timing Your Modification Request
Timing matters when dealing with child support deployed situations. Maryland courts cannot change support orders retroactively to a date prior to when you submit your motion. This indicates that if you delay requesting a modification until after deployment, you will still be liable for the entire support amount for the period prior to your request.
Service members are advised to promptly submit modification requests through their attorney upon receiving their deployment orders. The SCRA allows for expedited handling of these requests, recognizing the time-sensitive nature of military deployments.
Protecting Against Enforcement During Deployment
One of the most significant concerns for deployed parents is the risk of enforcement actions while serving overseas. If your deployment affects your ability to maintain child support payments, understanding your rights under the SCRA becomes essential.
Service members can request that courts stop execution of judgments, attachments, or garnishment orders if military service prevented compliance. Additionally, you may be eligible for interest rate reductions on child support arrears that accrued before deployment, potentially lowering rates to 6% for the duration of your service.
Documentation You Will Need
When requesting modification of child support, deployed parents should gather thorough:
- Copies of deployment orders
- Leave and earnings statements showing income changes
- Documentation of any lost civilian employment
- Records of deployment-related expenses
- Communication showing attempts to maintain payment
Military OneSource recommends that service members work with their co-parent when possible to prepare family care plans that address financial support arrangements during deployment.
Avoiding Common Mistakes
Many deployed service members make errors that complicate their child support situations:
Failing to communicate: Maintaining communication with the child support office and the other parent helps prevent misunderstandings, even when deployment makes regular contact difficult.
Neglecting court dates: Although the SCRA offers protection, it is essential to assert these rights proactively. Failing to appear without seeking a stay can lead to default judgments.
Not seeking legal assistance: Experienced family law attorneys can review your situation and help you file necessary motions.
Assuming automatic adjustments: Courts don’t automatically modify child support when you deploy. You are required to submit official requests along with the necessary supporting documents.
What Happens After Deployment
When you return from deployment, your child support obligations don’t automatically revert to pre-deployment levels. If your financial situation changes again, you’ll have to submit another modification request. Military families experience particular challenges because of deployments or other lengthy separations, and state child support programs help by responding quickly to changing circumstances.
Contact Milstein Siegel for Experienced Legal Guidance
Serving our country shouldn’t mean losing your parental rights. At Milstein Siegel, we understand the distinctive challenges military families experience, and we’re committed to protecting your interests while you protect ours.
Our team has extensive experience handling child support cases for deployed service members across Maryland, and we know how to maneuver both military and civilian legal systems to achieve fair outcomes.
We’ll help you file timely modification requests, invoke your SCRA protections, and present compelling evidence of how deployment affects your ability to meet current support obligations. Get in touch with our office online or call (443) 230-4674 to request a consultation and learn how we can help you maintain compliance while on active duty.