My fiancée is in the process of a divorce, she filed and submitted a motion for temporary parenting plan since they cannot agree on anything in the meantime. He was served the papers with proof of service, but he never showed up to court. Judge signed the order and scheduled a settlement. Her soon to be ex husband is claiming he never got the date even though he got all the required documents and now is saying he will be filing an amendment. What is the likelihood the amendment would go his way? Does he have a leg to stand on even though he didn’t show up initially? Can he even “claim” to have never received a court date? And lastly what should she prepare for if he does file amendment?
To be honest his messages make it seem like he only cares about having to pay child support and is angry because he thought the paperwork was bogus. We are looking into lawyers but at the moment don’t know if she can afford one.
The court has authority to alter an Temporary Parenting Plan so without knowing what it is that he wants to change it is hard to say one way or another what his chances of success might be. Most courts, without a really good reason, will not change an order because the other party decides to now come to court, especially temporary orders.
So, if he goes to court arguing he didn't get notice she shows notice was provided to him and he will lose, mainly because he then becomes unbelievable. However, if the Temp. PP is unreasonable the court might alter it in some way. It is hard to say without knowing the contents of the plan.
I agree with prior counsel. If you can show he was properly served, I expect a court will deny his motion. However, courts can modify Temporary Orders/Plans (and even final ones on the proper showing). I'd need to know more and see your papers to give you a better answer. Also, he may just be puffing and threatening her. That said, my best suggestion is that you speed up your hiring of a lawyer and/or buy a hour of time from a lawyer who you have talked to and seems knowledgeable , even if they are not the final one, to point you in the right direction.
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