Chenausky v. Chenausky

This appeal arises from an order of the Superior Court {Contas, J.) denying the plaintiff’s motion to set aside a decree modifying his child support obligations. The plaintiff contends that the court erred in (1) ruling that he had waived his rights under the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. app. §§ 501-591 (1982); and (2) ordering a retroactive increase in child support payments. We vacate the order and remand.

The parties were divorced by decree of the superior court on February 15, 1980. The court granted physical custody of the parties’ three children to Linda…