Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> default
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Posted by Matt Allen in William Halaz III , Visitation , retirement , residency , Nancy Shannon , marital property , marital home , loan , jurisdiction , Jennifer Paine , garnished wages , Erica Christian , emancipation , default , credit , Cordell Cordell, PC , child support calculators , Child Support , Ask A Lawyer
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Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- My divorce papers in one state order me to pay child support until my sons are 21. They now live in another state where emancipation is 18, so do I have to keep paying until they are 21?
- How long do I have or how do I go about forcing my wife to get the rest of her belongings out of my house so I can move on?
- Can my 17-year-old daughter refuse overnight visits with me?
- What can I do if my ex defaulted on a loan that is ruining my credit?
- What can I do if my child support was calculated incorrectly?
- My house is in the process of foreclosure. I have access to my 401k to stop the process and pay all our outstanding bills. Should I salvage the house and start fresh with zero debt just before we get a divorce?
Question: I filed for divorce on 6-15-2005. In the complaint, it states in the summons: "To the Above Named Defendant: You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiff's attorney, whose name is: (Name & Address of my attorney) an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint" The relief I demanded was no-fault divorce, custody of our 2 minor children, and an equitable division of our marital assets. The deadline for my STBX to answer was 7-29-2005. My attorney heard nothing from her until 8-30-2005. He said she answered. I asked him whether that was allowed, he said yes because there are minor children involved and the court allows latitude because of the kids. I called the Civil Clerk, and someone in that office told me the same thing. It still doesn't sound legal. Is the court allowed to go back on its word like that? Answer: I am not presently licensed in the State of Georgia and therefore cannot answer you question specifically to the laws of that State. In my jurisdiction, you could have had a default hearing as early as July 30, 2005. However, if she moved to set aside the dissolution and custody order on August 30, 2005 in all likelihood the court would have set aside the divorce judgment and allowed her 20-30 days to file an answer.
Question: I've been ordered to appear in Kansas on 5/9 for a child support/payment hearing. I currently reside in South Dakota. I'm scheduled to begin school on the same date which will allow me to make enough money to pay the things that I'm court ordered to pay. I can't be in both places. What is the penalty for failure to appear. Answer: I am not licensed in Kansas, but in Missouri for example if this is the actual hearing, they will enter a default order against you. Everything she states is taken at face value and not challenged concerning her income, your income and the expenses of the children. She can also ask for attorney fees and will likely get them. Finally, if this is a non-support hearing you could be held in contempt and placed in jail.
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Posted by Dads Divorce in WA , Rules , relief , Procedures , petition , judgment , failure , default , decree , court , Ask A Lawyer , appearance
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Question: If a petitioned person lives in another state and does not have the means to return for the divorce trial, what will be the outcome? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. Usually if the person has been served, then the Court will proceed in default against them, meaning the moving party can get all of the relief that they requested in the Petition.
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Posted by Dads Divorce in TX , Rules , proceeding , Procedures , multi-state , motion , judgment , hearing , default , attendance , Ask A Lawyer
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Question: I was served an "Original Petition for Divorce" and returned "A Written Reponse to the Original Petition for Divorce" to the Bexar County Courthouse. Included in that written response was a settlement agreement. I live in San Diego and am corresponding with the plaintiff's attorney and the court. I received yesterday a filed stamped copy of the Motion to set on the Non-Jury Docket. The hearing is set for January 26, 2006 at 9:00 A.M., in the Presiding District Court. Remembering that I do not live in the state and have been corresponding, what are my options to this motion and am I compelled to attend? If I am not in attendance may the court stipulate to settlement, child support, visitation matters? Or is the hearing limited to setting a date? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Texas. I would never advise you not to appear to a matter that you are uncertain as to the proceeding. I advise you call the Court's clerk and inquire what is set. If you do not appear then your wife can ask the Court to enter a default Judgment against you (assuming you have been served).
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