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 >> judgment
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 Visitation , primary , Parenting , motion , Modification , MO , judgment , custody , custody , consent , Ask A Lawyer
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Question: I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney? Answer: If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.
Question: My husband obtained a 'divorce' from me in 1998, under fraudulent residency claims. Neither of us lived in the state of Vermont nor had done so for 7 months, when he filed. When the divorce was granted we had been out of Vermont for over a year. My question is: is this divorce a VALID divorce? I feel like it is a phony document and not legal. Answer: Allow me to preface my response with the disclaimer that I am not licensed in the State of New York. This Judgment may be void. Jurisdiction is required for a court to enter a Judgment. In your case, the Court may not have had subject matter jurisdiction over you and your ex-spouse. I suggest you consult with an attorney in Vermont to see what jurisdictional requirements exist for the jursidiction to attach. As a side note, what do you hope to achieve by getting rid of this Judgment? You may be opening a pandora's box of litigation that will be very expensive. I suggest you consider that before you go in with guns blazing.
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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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