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How do I proceed with a military divorce when defendant has been served but refuse to answer.

Baltimore, MD |

I am going through a military divorce, my soon to be ex is station in north Carolina, his job doesn't stop him or prohibit him from participating with our divorce. He is just refusing to do so. The court denied the default judgement request I put in. I did include the affidavit of military service and explained where he was stationed and Wht his job is. Which won't prohibit him from appearing in court. He isn't helping financially with our kids and I really need things rolling but feel like I'm at a stand still. We have a status conference soon. (I do have lawyer ) who says it would be so much easier if he just answered and said he doesn't contest or does. What can I do?

He says the car payments for the car that I have and is in both of our names is the support payment. Is this true? He hasn't sent money to help with day to day needs of our children.

Attorney Answers 2


I agree with your lawyer.
But there is nothing the military can do. They cannot order him to comply or not comply with legal process.
Now, on the finances that's a different matter.
You can complain to his command. He does have a duty to take care of his family. Of course in the process your lawyer could mention the litigation difficulty.
The military takes a strong interest in child support obligations. He may actually be committing fraud if he gets housing allowance but isn't using it to help support you and the children.
If there is suspected fraud it can also be turned over to Army CID, NCIS, or OSI depending on which base he is at. 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Would making payments to car note that is in both of our names be considered support? He says he is doing what he is obligated to do, even though he doesn't send money to help with our kids.


Have your attorney review the Servicemembers Civil Relief Act's provision on Default Judgments and appointment of attorneys ad litem.

This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

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