Can you get a temp order of child support when parent is deployed for Military?

[frustratedinWashington]

My husband is currently out of the country on deployment and his Ex-wife is trying to get a temp order of child support. I was told a temp order can't be granted if the parent can't be served. Also, I read the Soldier and Sailor act, which seems to keep him safe. Does anyone know if this is true ?

[elklaw]

I am going to say that it depends on the situation. Soldiers and Sailors Act and most state laws prevent active duty military from being sued while doing their duties until they can answer to the court. However, if it is a situation where the child needs support of a specific nature and it is needed, what may be possible is asking the military parent to designate a representative to act on their behalf to deal with the situation for the child. Family law courts are to act in the best interest of the child, and if seeking and compelling the military parent to act for the child's best interest can be accomplished and needs to be, the court will likely do that. If there is no support in place and it is needed, that is one thing, but if it is just seeking modification, I doubt the court will take steps unless it is a serious situation.