He has stopped making the car payments that was agreed upon in our divorce in Dec.. The car is both names so he is messing with my credit as well. I just lost my job and can’t possibly make the payment now. I have asked the bank for some help and I did pay a small amount this month so it will not be negative on my credit but I don’t know how long it will take to get him into court if I can’t serve him. He works on base on Lakehurst can I have him served somehow there?

ANSWER

You can serve papers via certified mail restricted delivery to any adult resident of his household or you can pay the local sheriff’s department to serve him, or — the easiest method — get someone over 18 to hand him the papers and fill out an Affidavit of Service to be filed with the Court. You can pay anyone (over 18) to deliver the papers to him. If he won’t take the papers have the server leave the papers on his desk, on his car hood, or within his reach. He will have 60 days to answer since he lives out of state.

If you have a Divorce Judgment that requires him to pay the car payment then you may want to file for contempt.

You should check with the local JAG Office because JAG will probably be able to help you serve him and if there is a Court Order requiring him to do something his commander and/or JAG will probably order him to comply adn make the payments. Do not be worried about asking JAG for help, JAG is there to help service members and to help the family members of service members.