Family Law Questions? Ask a Family Lawyer Online.
Question: I have a questions. My ex-wife cheated and got all the money as well as everything for the house and my daughter. I have talked to my daughter bought her toys, flew her from florida to california to visit for summer and holidays. My question is that my ex-wife found out i'm working in Afghanistan and now wants more money. The job is only till this April and I was wondering will the Florida court wait till I get home so I can handle my case?
Response 1: Unfortunately no. If your ex files Complaint for Modification of Child Support, the Complaint would be scheduled for a hearing. You must be served a Notice of that hearing. Then you would get the opportunity to file a Motion with the Court to continue the case until you return back to the States to defend the case. The Court may or may not grant your Motion for continuance.
Or will they just send the paperwork through to the judge since I'm overseas working?
Response 2: You must be served a Notice of the Complaint so that you would have a chance to tell the Court your side of the story. You must file a written response to the Complaint and then ask for the hearing to be postponed until you return back to the States in April. In the alternative, you may retain a local attorney to defend the case for you.
This company is only for overseas work so once I go home I wont have a job, also I have a wife that is full time student as well as two more kids that live with me. I also have two car payments and a morgage as well. I took the job to better my family and not for her to get more money. Thank you for any help you can give. Cory
Response 3: This is why you must not ignore the Complaint when you receive
it--your wife should keep an eye out for the Complaint and as soon she gets it she should let you know so that you can respond to it and tell the Court why the child support should not be modified.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).