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Divorce Source Community Forums >> Parenting Issues

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Rocko
journeyman

Reged: 10/10/06
Posts: 94

Has anyone dealt with this?

#713971 - 12/13/10 04:17 PM

I served the my ex the respondent 35 days before the hearing date. It is now 9 calendar days before the hearing. What is my course of action if I never receive the response documents from the other party? I do not want a continuation as the reason I am going back is to lower my child support and a continuance would only benefit the respondent.

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elliesmom
Carpal \'Tunnel

Reged: 11/07/05
Posts: 8835

Re: Has anyone dealt with this?

[Re: Rocko]
#714529 - 12/15/10 01:19 PM

If they don't file a response, you file a motion for a default judgement. Which basically means you are asking the court to give you everything you asked for in your motion, since they have failed to object/dispute it.

Even if you get the default judgement - they can file a motion to have it set aside within so many days (I have heard anywhere from 30-90 depends on what your state's rules of civil procedure state).

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Forgiveness is...letting go of the hope that the past can be changed.

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Rocko
journeyman

Reged: 10/10/06
Posts: 94

Re: Has anyone dealt with this?

[Re: elliesmom]
#714664 - 12/15/10 06:26 PM

Thanks. I have a feeling it's a stalling tactic or she doesn't want me to see the info on her income and hopes I will or she will get a continuance.

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NewMexPop
recently joined

Reged: 12/22/11
Posts: 18

Re: Has anyone dealt with this?

[Re: Rocko]
#788447 - 07/18/12 04:06 PM

The court will backdate any change in child support to the date you filed. So if you get a reduction, you will be given a credit back to the date you filed. Yes, it's a stalling tactic, but judges are not dumb and her lame excuses will not earn her any extra points with the judge when you do get there.

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javajunkiee
Carpal \'Tunnel

Reged: 06/01/08
Posts: 3155
Loc: SC

Re: Has anyone dealt with this?

[Re: NewMexPop]
#788449 - 07/18/12 05:42 PM

This is a dead thread - last post was 12/2010.

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Marriage doesn't come with a money-back guarantee.

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