Tuesday, May 03, 2005

Stump the Law Librarian

Q: Two questions regarding being deployed in the military. First, how do I stop my child support payments? Second, will my apartment still be rented to me or will my landlord be able to evict me for not paying rent while I'm away?

A: Regarding your child support question, the WI Dept of Workforce Development Bureau of Child Support has developed an informational sheet to answer questions such as yours. Consulting it, I see that the question regarding payment of support is answered this way:

"Contact the child support agency where your order was established. Provide the agency with relevant information regarding your military orders. Advise the child support agency of your new mailing address. When you return from active duty, make sure to contact the child support agency and inform them of your return and provide them with updated address and employment information."

However, the sheet goes on to explain other payment information, so you will want to consult the sheet or your child support agency for more information.

Second, regarding your apartment question, according to the Servicemembers Civil Relief Act,

"A landlord may not evict a member on active duty or the dependents of a member on active duty from premises occupied for dwelling purposes for which the rent does not exceed $2,400 per month for 2003, which amount is adjusted for inflation for subsequent years, or subject such residence to a distress except by court order. This rule applies regardless of whether quarters were rented before or after entry onto active duty."

You will want to consult the SCRA guide for more information.

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