Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I have a family law question. I'm in Orange County

Customer Question
Hi. I have a family...
Hi. I have a family law question. I'm in Orange County California. My ex filed a Request for Order for reimbursement/payment of unpaid Spousal Support and extra-curricular expenses. The initial hearing was on 8/16, which I attended and argued my position, but we ran out of time and were scheduled to reappear on 9/5. I inadvertently missed that court date. I checked back the next day with the court and nothing was in the system. I reached out to both my ex and her attorney, but received no response. I kept following up and finally the unsigned Minute Order showed up in the system. It states basically that the judge ruled against me (almost like a default judgement). I am unable to pay the amount in the Minute Order and want to find out what my next steps are.
Submitted: 9 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
9/23/2017
Family Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,307
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I want to let you know ahead of time that I have to run, but I am usually on the site at least once every 24 hours so if you have a follow up questions, feel free to ask and I’ll follow up with you. So, in your case, the best thing that you can do is request that the judge set aside the previous order. Here is some useful information directly from the state of California courts website. In essence, the court will set aside the order if:

The order was made against you because of your own “mistake, inadvertence, surprise, or excusable neglect.” The law discussing this is Code of Civil Procedure, section 473(b).

  • This means if a court order order was made against you because you:

    • Misunderstood the facts or the law and your misunderstanding was reasonable and justifiable (and more than just not knowing the law), or

    • Were unexpectedly surprised or failed to act in time because you relied on someone else acting, or you had the wrong information, or you were unable to understand what to do.

    • For these situations, and other similar ones, you must have had a valid reason for your actions (or inaction).

  • There is no clear-cut description of what a judge will agree is a valid reason to set aside an order in these cases. In your paperwork, you will have to (1) describe, as clearly as possible, why you did not answer the papers in time, (2) explain why you had a good reason or excuse, and (3) why you should be allowed to respond to the original petition or other document and participate in your case.

  • Talk to a lawyer, your court’s self-help center or family law facilitator for help explaining your reason for asking to set aside the order.

  • The fact that you are self-represented is not an excuse for making a mistake.

  • The deadline for filing a request for order to set aside under this law is 6 months from the date the order was made against you. Deadlines can be tricky to figure out so make sure you get help to find out the exact deadline for your situation.

To do this, all you have to do is get some 28 line pleading paper and request it with the judge. It’ll be up to the judge to set aside the order and they may call a hearing as a result.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Okay, I am planning to file a Motion to Vacate Judgement, but do I need to wait for anything additional to be filed with the court? Right now all I have is a Minute Order that was not signed. Also, it doesn't not call for anything additional to be filed on behalf of the Petitioner. It was my understanding that there needs to be a Notice of Entry of Judgment before a judgement can be enforced and/or appealed or vacated. I'd like to move on this quickly, but I'm unsure if I need to wait for anything additional from the court or the Petitioner's attorney. I'm also concerned because the Minute Order states that payments are to begin on 10/1/17. Thanks.
Family Lawyer: Legal Eagle, Lawyer replied 9 months ago

Hello, thanks for your patience. I would wait until a judgment is rendered and then submit it. Usually the entry of judgment is posted within about a week after the minute order. if you're prepared, you'll be in good shape. Thanks again.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,307
12,307 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,592 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
We are in agreement to change the spousal support amount in
We are in agreement to change the spousal support amount in our Final MSA of 2016 the allows for the parties to do that. Do we need any other form besides FAM 024B which has the stipulation and order … read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
When you file for divorce does spousal support retro to the
When you file for divorce does spousal support retro to the date you file or when you left? I've been gone 7 months because of a domestic situation but am contemplating filing. I'm also 7 months pregn… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,171 satisfied customers
Can my husband be required to pay spousal support or any
Can my husband be required to pay spousal support or any form of assistance prior to divorce being finalized… read more
Sue
Sue
Juris Doctorate
525 satisfied customers
I was divorced in 2016 and am paying spousal support. (No
I was divorced in 2016 and am paying spousal support. (No children) I lost my job last week, and am looking for a new job, but in the meantime I do not have an income I would like to temporarily adjus… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
127 satisfied customers
What diff between apl and spousal support. At family court
hi JA: Hi. How can I help? Customer: what diff between apl and spousal support JA: What steps have been taken? Have any papers been filed in family court? Customer: at family court yesterday JA: Famil… read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
I think my wife is demanding too much spousal support, how
I think my wife is demanding too much spousal support, how can I be sure? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
The spousal support laws for IRS are changing in 2019. I'm
The spousal support laws for IRS are changing in 2019. I'm wondering if the new law would still be seen as income while renting an apartment or can the landlord deny the apartment based on the IRS tax… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
My ex spouse is threatening to cut me off my spousal support
my ex spouse is threatening to cut me off my spousal support when he retires in December, I'm permanently disabled, he has a court order to pay for life, can I get a public defender? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
My ex admitted to withholding spousal support for 5 months
My ex admitted to withholding spousal support for 5 months to offset what he claims is an overpayment by him of support. I am wondering what Family Code governs Spousal Support? I like to think he can… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
137 satisfied customers
In Idaho, does spousal support end if spouse re-marries? It
In Idaho, does spousal support end if spouse re-marries? It was not specified in divorce decree, we are mid 70's with no kids.… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My soon to be husband is required to pay spousal support to
My soon to be husband is required to pay spousal support to his ex wife. They were married 18 years and she only worked part time while they were married, by her own choice. She has no restrictions th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
I'm 62 and been paying spousal support for 13 yrs in Calif..
I'm 62 and been paying spousal support for 13 yrs in Calif.. Can it stop … read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
If parties can stipulate a modification of spousal support
If parties can stipulate a modification of spousal support retroactively. Both parties sign a stipulation. Will the judge intervene? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
Can my ex wife take me for spousal support? No fault divorce
Can my ex wife take me for spousal support? No fault divorce was final Feb 20th. … read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I filed on this issue "terminating spousal support" as an
I filed on this issue "terminating spousal support" as an exparte. However a trial date has been scheduled, but nothing has been heard. Can I take it in again as an Ex parte and have thejudge rule on … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
I am currently ordered to pay spousal support. I have filed
I am currently ordered to pay spousal support. I have filed in court to terminate spousal support based on the joint bank account she holds with her new boyfriend. In my court filing I put that her sp… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
I have a question about permanent spousal support in
I have a question about permanent spousal support in California. I was married with my ex about 6 years and I received temporary support for last 12 months. Our divorce hasn't finalized yet and it has… read more
socrateaser
socrateaser
1,451 satisfied customers
Questions on setting writing up a spousal support (alimony)
Questions on setting writing up a spousal support (alimony) waiver prior to getting married in Florida … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x