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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16348
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My ex husband failed to attend over 11 scheduled child support

Customer Question

My ex husband failed to attend over 11 scheduled child support hearings. The judge therby granted me a judgment in Feb 2015. Before the 30 day limit, my ex got a lawyer who filed a motion for a new trial. The motion for new trial was granted on march 29,2015 and my judgement was considered to be a judgement by default. Months passed and I had not received any notices. I contacted a legal aid who informed me that records show that a trial date of June 2 2015 was granted but that my ex did not file for a new trial. Does this mean that the initial jugdement stand? What do I do next? Can I file an abstract judgement? The judgement was for 22,000 arrears and 750 per month. He has been sending me 100.00 to my home. The judgement clearly states that he must not contact me due to former family violence. Can I cash these checks ? How can I prevent him from sending money to my home. My info is supposed to be confidential.
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello there -
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I apologize for the delay in answering this question, but this is the first time I have seen it anyway (I do not know if anyone else has reviewed it).
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If your ex was granted a new trial and that new trial date was June 2, 2015 then you should have been notified of that new trial date and you should have appeared in the court that day. Your prior judgment would not typically stand in the face of the fact that he was granted a trial date -- that judgment would have been reviewed by the court on June 2, 2015 and probably set aside. However, because child support calculations are a statutory calculation (meaning that the law requires a certain amount to be paid based upon his paycheck and there is no real basis to challenge it) any amount you would be awarded is probably close to the original amounts anyway -- BUT if your ex appeared in court on June 2 and you did not appear, your ex may have been able to convince the judge to make the payments very low and thus you are just now receiving this 100 dollars per week. My suggestion here is to contact the court again (clerk's office) and find out exactly what the disposition of the case was on July 2 -- because it sounds like to me that he received some type of order to pay you this small amount of money and you do not have any idea what happened that day. If the order that was entered on July 2 is a default against YOU because you were not there, and you want to try to reinstate the original judgment, then you are going to have to file your own motion to set aside the default because they failed to notify you of the new trial date in order for you to appear on June 2 and you should be able to get the court to reconsider the matter on a new date and time.
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There is no reason why you cannot cash the checks -- but keep copies of the checks and under your signature write something like "partial payment towards arrears" or something like that in order to show that you are not accepting this amount in place of your original judgment. Take a copy of the front AND back of the check after you sign it and write this on it. I do suggest that you write the additional sentence in small print in the endorsement area because the banks sometimes get picky if you write anything else outside of the endorsement area.
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I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating under this answer box so I will be given credit for assisting you today. I receive no credit unless you press a positive rating before you leave the website. THANK YOU VERY MUCH
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MARY
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Customer: replied 1 year ago.
I had already mentioned that the clerk stated that the new trial date was set by the court but no other action was taken. Can I file a motion for contempt? He has always sent 100.00 before the judgement. After the judgement he should be contacting the court for payments and not me. Correct? If he did not pay his attorney to file for a new trial, should not the previous judgement stand? Is the judgement null in void just because the moton was granted ,although he did not proceed? how can I get the judgment to stand ...is there a document I need to file? Do I need to request a final judgement from the court. Can I file an abstract judgement or lien on his property?
Expert:  Legalease replied 1 year ago.
Can you tell me what you mean by "No further action was taken" ? Did your ex appear or was the matter dismissed on June 2 ? Something must have happened on that date. If neither side appeared, then the trial date should have been dismissed by the court and if that is the case, then your judgment still stands and if you are not receiving payments according to that judgment then you should file a Motion for Contempt of Court against your ex husband for failing to make the child support payments as set forth in the judgment that you already have. You can get a motion form at the family court clerk;s office and you can simply complete the form as a Motion for Contempt and state in that paperwork that he has failed to make payments as noted in the judgment. Then the court will set another hearing date on this particular motion and go forward from there -- at that point is when you ask the court to do things like attach his wages, taxes or property in order to pay down some of the judgment.-MARY

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