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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19604
Experience:  Attorney with experience in family law.
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I want to enter a default judgment against my husband who failed

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I want to enter a default judgment against my husband who failed to respond. He was personally served. I want to know get an order for spousal support, division of the pension and property that he still has. Will I get the court to give me a court date to prove up these issues? Will I get a court hearing or will the court just grant my request?
Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

If your husband did not respond to the paperwork after being served, the judge will usually enter an order granting whatever it is that you asked for.

To request the default, a party must complete the Request to Enter Default, Declaration for Default or Uncontested Dissolution, Judgment, and Notice of Entry of Judgment forms. There are additional forms to request spousal support, child custody and child support and property attachment or division.

All of the state-wide forms can be found on this page. Check with your specific court to make sure they do not have any county-specific forms that must be completed instead. The full process is also detailed.
http://www.courts.ca.gov/8409.htm

Usually, if your spouse filed nothing in the case, you can get a judgment without a hearing.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 9 months ago.


I was told that I should file a REQUEST FOR DEFAULT SETTING since I am requesting for spousal support. However, if no hearing is required do I need to submit evidence of the amount that I am requesting and attach some type of computer print out or what is called dissomaster?

Expert:  Lucy, Esq. replied 9 months ago.
The form is called Request to Enter Default. There are, however, additional forms that must be filed.

Your income and expense declaration is one of the forms attached to the judgment. You can also choose to attach the Spousal or Partner Support Declaration Attachment. That form gives the judge all of the facts he needs to decide how much support should be granted. It's long, but filling it out will help ensure that you can get the support you're entitled to.
Customer: replied 9 months ago.


Does it matter that I want to enforce the judgment on my husband that is in another state, Florida. he was personally served and I just want to make sure I get the adequate support order to be able to enforce it in Florida.

Expert:  Lucy, Esq. replied 9 months ago.
You did not mention that your husband isn't a California resident. Where were the two of you married? Which state did you last live in as husband and wife?
Customer: replied 9 months ago.


I live in California and we were married in California. We were living together in Florida when I was abandoned in 2012. I then moved to California since I had no place to live. I filed my petition here in CA.

Expert:  Lucy, Esq. replied 9 months ago.
Thank you.

The judge can attach any of his assets that are located in California. To collect spousal support in Florida, it will be necessary to register the California order with the Florida courts and ask the Florida courts to issue a Florida judgment. Then, that can be served on his employer to garnish his wages and have any entered order sent directly to you. However he may try to dispute the court's jurisdiction over him (and that is likely why he chose not to respond to the paperwork).

For jurisdictional purposes, it is irrelevant where the plaintiff lives. A court has jurisdiction to enter an order against any defendant that lives or works in the state. A judge always has authority to dissolve a marriage of a resident, so the divorce decree itself will be valid either way. However, there isn't any form you can file in the California courts that will guarantee that an alimony order will be enforceable in Florida. The judge may find that he doesn't have jurisdiction over your husband and therefore cannot enter an alimony order. If your ex-husband objects in the Florida courts that the CA court didn't have jurisdiction over him, and the two of you have not lived in California for many years, he may be able to have any alimony order dismissed. The only way to guarantee that an alimony order is enforceable against a Florida resident is to file the divorce and alimony request in the Florida family court.
Customer: replied 9 months ago.


Yes. thank you. that is why I wanted to make sure that an order is entered in CA so I can then have it enforced in FLORIDA if, he challenges it.


 


I believe that is why I was told to request a default setting hearing so that I can prove up the support order.

Expert:  Lucy, Esq. replied 9 months ago.
You do have the ability to request a hearing to prove why you need support. However, if it is found that the CA court does not have jurisdiction over him, the fact that you had a hearing unfortunately will not make a difference. If the CA court doesn't have jurisdiction, they can order the division of property located in CA, but not any property in his name located in Florida, and the judge cannot compel him to pay.
Customer: replied 9 months ago.


Yes. I understand. My plan is that since the court did have jurisdiction, since he was personally served, I can proceed and then have the order instituted in FLorida as you stated. that has been my plan from the start. I believe that personally jursidiciton will suffice for now.

Expert:  Lucy, Esq. replied 9 months ago.
Then the way to proceed is to pull up the list of forms on that first link I gave you and make sure that you have all of the ones you need to request what you are asking the judge to do.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19604
Experience: Attorney with experience in family law.
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