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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29823
Experience:  Attorney with experience in family law.
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My ex husband is trying to modify s support order. he tried

Customer Question

my ex husband is trying to modify his support order. he tried to serve me papers but he did not serve me correctly. i called and there is a court date dec 3. do i have to go if i wasn't served correctly?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You have the ability to file a Motion to Dismiss based on improper service. However, since you have actual knowledge of the motion, if you simply ignore it and do not attend the hearing, that's going to cause problems. When you don't appear, the judge is likely going to rule against you in your absence. To get the order removed, you have to file a motion stating that you did not receive notice of the hearing - and you can't do that, because you know about it.

If the judge does dismiss the motion because service was improper, then your ex-husband is allowed to refile, serve you properly, and request another hearing. Note that you're allowed to file a Motion for Contempt of Court since he's not paying and ask the clerk to schedule the hearing at the same time. So that might be another option to consider.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
what do you suggest i do?
Expert:  Lucy, Esq. replied 1 year ago.

We're unfortunately not able to make specific suggestions. In order to work online for a small fraction of what we would charge in office hours, we are only able to explain what options may be available, based on a given set of facts. It's up to the customer to choose what to do or ask a local attorney for more specific advice.

If you have questions about my answer, I'm happy to answer them, but I cannot tell you what to do.

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