Recently got custody of my children and filed the supplemental petition to modify child support along with the UCCJEA, financial affidavit, child support guidelines, etc. My ex didn't respond and is in default. The case has been referred to the magistrate. Will I now be awarded what I'm asking for at the hearing since there was no response?
If the opposition doesn't appear and a default is entered, the court/magistrate will award what appears to be reasonable under the circumstances. The statute assume participation by both parents, so expect some sort of shared visitation and responsibility.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not constitute legal advice. Any statements I make are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am admitted to practice in Florida, Oklahoma, and Texas, and to the Bar of U. S. District Courts. Accordingly, my responses reflect the law of those states. I practice extensively in U. S. District and Bankruptcy Courts. Any advice given here is deemed to be within the parameters of the rules of professional responsibility and codes of ethics as promulgated by The Florida Bar and The Supreme Court of Florida, The State Bar of Texas and the Texas Supreme Court, and the Oklahoma Bar Association and the Oklahoma Supreme Court.
If the opposing party does not appear at the hearing on your supplemental petition, then the General Magistrate may grant your supplemental petition for modification if he/she finds that a substantial, material, unanticipated, and permanent change in circumstances has occurred. In addition, if the change in support would yield a difference of 15% or $50 (whichever is greater) you may modify the child support. If no one shows and you can show that the opposing party was properly served, failed to respond to your supplemental petition, and was therefore held in default, if the magistrate believes you have met the requirements for modifying child support, he/she should grant your supplemental petition.
Answers to questions are for general purposes only and do not establish an attorney-client relationship. The answer given is based upon the facts given in the question and only those facts. Please contact a family law attorney to further discuss your question and for all facts of your case to be further analyzed so you can be advised accordingly. If you found my answer helpful, please indicate by marking the "Helpful" button.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline