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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9396
Experience:  since 1983
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My son's divorce decree in Tennessee says that he was in the

Customer Question

My son's divorce decree in Tennessee says that he was in the state and failed to show up for the hearing. He hadn't been in the state for over 6 months. His lawyer was only given the preliminary decree one day prior to the hearing. He has never been served with a child support agreement. Does he have any way to challenge the false statements and get proof that a temporary child support was ever served
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
Thank you for your question.
The usual remedy is to file a motion to vacate the judgment as void for lack of notice.
He had the due process right to prior notice of the case.
"A judgment rendered in violation of due process is void". World-Wide Volkswagen Corp. v. Woodson (1980) 444 U.S. 286, 291.
He can get a free consultation from some of the divorce attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/divorce/Tennessee
If his current attorney is not aware of how to handle this, he might want to retain new counsel.
I hope this information is helpful.