My ex requested child support through the courts, a date was set but I was never notified or served. They proceeded without me and I am trying to figure out how this happened and what I can do about it.
Courts don't generally proceed on a case unless the court is satisfied that notice was provided. Review the case with the court and what happened. If there was no notification you can ask for it to be set aside.( or something like that) Tthe real question would be was the child support calculation correct? If it is, what is the validity of trying to change it? I suggest you sit down with an attorney, review the case, and review the child support calculations...then you can make an informed decision based on costs to determine your best course of action.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
As a party to the case, you can request a copy of the petition and order from the clerk's office. If there was a problem with service in the case, you may have a way to challenge the order. If service was proper but you did not actually receive it, it is possible that the ex appeared with sufficient evidence of your income to have a support order entered. You need to get the docs and consult with a family law attorney ASAP to find out what happened and what (if anything) you can do to contest the issue. Good luck.
The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. Any and all answers are of a general nature only. The answers are not meant to and do not create an attorney-client relationship.
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