I live in Gwinnett County, GA. My ex-husband filed for a modification of child support. I signed my acknowledge of receipt on April 2nd and mailed it back to his lawyer as was requested. The ex-husband's lawyer did not file the acknowledgement until April 12th. We currently have a court date of June 7th. Does my 30 days to file an answer to his petition start April 3rd (day after I signed it) or April 13th (day after filed with court)?
You acknowledged service on April 2, and therefore you must serve your response within 30 days of that date to be considered a timely answer. Although it is required that the acknowledgment be filed with the court in order to take action on it, the date of filing is not otherwise significant.
You should retain a Family Law Attorney to avoid other problems with this case, and to present an effective defense to the petition.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
Your 30 days started as of April 12th. However, you can still file an answer even after the time has passed.
You said that your ex-husband has an attorney. I'm guessing that you two are also NOT in agreement as to the modification. For these reasons, I would encourage you to retain your own attorney to represent you in this process.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Your 30 days begins to run on the day that you acknowledge service. The acknowledgement of service is like the affidavit from the sheriff saying this is the day that I gave her the papers. Instead of the sheriff saying this is the day, you are saying this is the day I got the documents. So your 30 days starts to run on April 3, 2012.
Hope this helps to answer your questions.
This information is of a general nature and is not intended to be relied upon as legal advise. You are encouraged to contact and discuss your matter with an experienced attorney to more specifically address your legal needs.
You're 30-day period to file an answer would begin the day you were served, which was April 2nd. The date of filing is not relevant to the time period. If you would like to discuss your case in more detail, please feel free to contact me at (770) 239-1618. My name is Angela Kinley.
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