The Servicemembers Civil Relief Act, otherwise known as SCRA, provides the legal and financial protection that active-duty service members need. This protection extends to National Guard, reserve members, and their families as well. When dealing with divorce or child custody issues, you need to know how this act keeps you protected.
The SCRA has several provisions in place to protect you in a variety of ways. Across the board, it limits and restricts most actions against military personnel while serving on active duty.
What does the Servicemembers Civil Relief Act cover?
SCRA covers most issues related to rental agreements, prepaid rent, security deposits, and evictions. You also receive protection against credit card interest rates, installment contracts, mortgage interest rates, civil judicial proceedings, mortgage foreclosures, and automobile leases. Furthermore, you can get help with life insurance, income tax payments, and health insurance. If you are in the middle of a divorce or child custody battle, you will also receive additional protections.
What does SCRA Protection Cover?
Interest Rate Cap
Your financial obligations prior to military service are capped at 6 percent interest, including fees.
The court can’t enter a judgment against you if you are deployed and unable to make the proceedings.
The lender must get prior approval from the court before entering into foreclosure.
Lenders cannot repossess vehicles without first getting the court’s approval.
Apartment Lease Terminations
The lease can be terminated when the military service member is deployed.
The liens cannot be applied unless the court gives prior approval.
The SCRA covers active duty service members. It also provides protection for reservists and National Guard, while serving on active duty. Protection starts the date active duty begins and terminates between 30 to 90 days after discharge. Active-duty servicemembers and their spouses or domestic partners are eligible for SCRA benefits with any joint accounts. This federal law was enacted in 2003 and restricts unnecessary action against military personnel currently on active duty.
How does SCRA help active military?
If you are in the process of being deployed, you won’t have to worry about breaking a lease. Plus, while you are away, no legal action can be taken against you. Instead, the judge will wait until you return to give you a fair chance at the proceedings.
Additional SCRA Benefits
Furthermore, you receive protection from excessive interest rates and other financial aspects that could hurt you during this time. In addition, if you need to make tax payments, these can be deferred during this time.
SCRA & Divorce
Your spouse can not enter into divorce proceedings while you are away. The court case will have to wait until you return back from deployment.
SCRA & Child Custody
In addition, a custody agreement cannot be entered while you are away but will start once you return.
SCRA & Child Support
You are still responsible for the child support that has already been agreed upon. However, no new judgments or actions can be taken against you while you are deployed.
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Family Lawyer in Denver
Thomas Ramunda has countless years of experience working with military families such as yours. Visit our Denver office to get more guidance into the SCRA and how it affects your case.
Family Lawyer in Parker
At our Parker office, Thomas Ramunda will help you get the guidance and direction you need for divorce, child custody, and child support while covered by the SCRA.
Family Lawyer in Colorado Springs
Before you move forward with a divorce in Colorado Springs, talk to Thomas Ramunda at South Denver Law for more guidance. He protects the rights of all parties involved to reach an amicable solution.