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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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how do you file a general affidavit in bexar county my daughters mom filed for mod

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how do you file a general affidavit in bexar county? my daughter's mom filed for modification knowing i was in the process of being laid off/relocating from Houston. i was unemployed from November to January and now make $30k less per year. I was never served, but found out from MY EMPLOYER that there was an order sent over. They got a judgement w/out ever serving me. I want to know if I can submit a general affidavit to the court stating my case as the custodial parent waited 30 days to send to my employer.
Submitted: 5 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Ellen replied 5 years ago.
Hello,

So sorry to hear of your difficult situation. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

The procedure would be to file the petition for modification. Here is the link to all forms and instructions that you will require:
http://www.texaslawhelp.org/documents/clusters/TX/198/English/modification.shtml



Please let me know if you have any questions concerning my answer.
Customer: replied 5 years ago.
the order just went thru on march 8th, 2011. will they even look at that? she knew i lost my job and was making less money, yet subpenoed my w2 from the job i lost rather than going on my current pay stubs. they also stuck me with her attorney fees. would the court not even look at a general affadavit?
Expert:  Ellen replied 5 years ago.
I did not realize that the order just went through on March 8.

It is not as simple as filing an affidavit. You will need to petition the court to reopen the case based upon the fact that you are not served with the petition. In your petition you will want to state that your former spouse failed to follow proper process thus denying Respondent of procedural due process. I suggest that you retain local counsel to file this very important motion for you
Customer: replied 5 years ago.
Would I be able to file an appeal since I wasn't even notified a court date transpired until my check was really short? I read they make exceptions to 30 day rule if there is a reason for delay?
Expert:  Ellen replied 5 years ago.
You would typically file a petition to reopen based upon the fact that you were not notified.
Ellen and other Family Law Specialists are ready to help you

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