Military service families endure complex challenges far different from those of civilians. Sudden and frequent separations and extended time away from home cause significant hardships. The federal government has passed legislation to help support military families when facing service-related civil issues, and one of the most vital laws is the Servicemembers Civil Relief Act (SCRA).
California Certified Family Law Specialist Judy Burger shares more about this important act and how it helps military families.
What is the SCRA?
The Servicemembers Civil Relief Act (SCRA) is a federal law protecting military members as they focus on their national duties. The act aims to ease the financial and legal burdens arising during active duty, ensuring that service personnel can commit fully to their responsibilities without worrying about certain civil obligations.
Among the vital and helpful provisions of the SCRA are:
- The interest rate cap. Under this provision, active-duty service members are entitled to have the interest rate on any pre-existing loans or debts reduced to a maximum of 6% while on active duty. This applies to obligations incurred before entering military service.
- Protection from eviction. This provides legal safeguards against eviction without a court order for military members and their families who rent a property that does not exceed a certain monthly rental amount. This protection helps ensure military families have a stable place to live during service commitments.
- Lease terminations. The law allows service members to terminate residential or vehicle leases early if they receive orders for a permanent change of station (PCS) or deployment for 90 days or more. This flexibility enables military families to adapt to the demands of their service without being unduly burdened by lease commitments.
- Deferred income taxes. If your ability to pay income tax is materially affected by military service, the Internal Revenue Service and state and local taxing authorities are required to defer your income taxes due before or during your military service. This deferral does not accrue interest or penalties.
- Property repossession protection. Under the law, property cannot be repossessed or a contract terminated due to nonpayment or payment gaps before or during military service without a court order.
There are other protections relating to phone service, auto leases, life insurance, small businesses, and voting rights.
The SCRA and Family Law – Divorce Matters
Two of the most important SCRA provisions affect family law and divorce matters:
- Delayed Civil Court Proceedings: Certain contractual obligations, including bankruptcies, foreclosures, divorce, paternity, and child support proceedings, can be deferred or suspended for 90 days. Judges may also grant additional 90-day extensions when warranted. Criminal court matters are not covered in this provision.
- Default Judgement Protection: While you’re on active duty, if a civil action, civil proceeding, or administrative proceeding is filed against you, the judge is required to appoint a lawyer to represent you in your absence. The court must also grant a delay of at least 90 days if it believes there may be a defense to the action that cannot be presented without your attendance.
Family Law Attorney Judy Burger wants military families to be aware of their rights under the SCRA and can help them assert these rights when facing family law matters like divorce, child custody, and child support hearings. She is an experienced and compassionate California lawyer accustomed to helping military members and their families navigate family law matters more effectively during active duty.
CA Family Law Advocate for Military Families
The Servicemembers Civil Relief Act is a vital resource for military families, providing essential protections that contribute to the well-being and stability of those who serve in the armed forces. If you are serving in the military in California and require family law assistance, contact The Law Offices of Judy L. Burger. We have eight locations throughout The Golden State for your convenience.
The stress of being a military member deployed overseas to a hostile environment can be compounded by worrying about children left behind in the care of others. The joy of finally coming home can quickly turn into a nightmare if an ex-spouse refuses to return a child. This subject was the basis for a recent ruling from a California Court of Appeal.
In the case entitled In re Marriage of E.U. and J.E., both of the parents are military members. When they divorced, the court awarded joint legal custody to both parents, with the father having primary physical custody. Anticipating the possibility of deployments for both parents, the court included provisions in the final order that if one parent deployed, then the other parent would assume the role of primary parent. The order further provided that when the deployment ended, custody would revert to pre-deployment status upon return of the deployed member.
As fate would have it, the father deployed and while he was away the mother filed for and was granted a temporary custody order. When the father returned, he commenced a long and arduous legal battle to regain primary custody of his child as originally ordered. Most recently, a California Court of Appeals found in the father’s favor and he regained custody of his child.
Interestingly, during the course of the proceedings, the California Legislature passed a statute requiring the return of a child in a situation such as this to the primary custody holder. Time will tell whether and to what extent this law will be challenged by those claiming a situation has changed and returning the child to a parent recently returned from deployment is contrary to the child’s best interest.
If litigation is necessary to protect a child’s best interest, then it should be commenced immediately.
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