I have legal custody of my 11year old son but I just got served with court papers from my ex wife from over a year ago seeking child support, I sent the court a copy of my court documet stating that I have custody of him but they said that it won't stop the court date from happening. What can I do?
It's a court hearing. You've been summoned to it. Make time to make it. From what you've said, you are in a good position on the substance of what the hearing's about, so don't mess it up by getting the judge angry at you for not showing up when summoned. If you don't show up, the court might just give her what she asks for, and depending on what's going on in the case, there could be other penalties for not showing up.
Based on the additional information in your commentary with Mr. Crouch, my recommendation is that you do not mess around with this and hope that your ex-wife can stop the case. If it is the state of Florida coming after to you for what is essentially reimbursement for public assistance paid to your ex-wife, then your ex-wife likely has no authority to "stop" the case. This is also not a question for a Virginia attorney to answer, as the case is pending in Florida.
What you need to do (especially if your work has you out of the country) is hire a lawyer in Florida to handle this case for you. There may be a basis for throwing the case out on jurisdictional grounds or through a motion to dismiss based on submission of a certified custody and support order of another state or to delay the case (if you are on active duty military). A lawyer in Florida will be able to assess the case for you and file the appropriate motions and/or responsive pleadings on yur behalf.
This response does not create an attorney-client relationship and is intended for general information purposes only.
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