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I am currently in contempt for child support arrears. I

Customer Question
I am currently in...

I am currently in contempt for child support arrears. I researched the initial petition for divorce in which I am the Petitioner. The was a setting for Dismissal for want of prosecution dated for Feb 10 1998. On the case history available on line there is a Divorce decree dated 1-28-1998, but no Notice of Hearing, and no waiver of service. The decree was not filed with the County Clerk until May 10 of 2004. The signatures on file are suspect. The order for commitment that was suspended precede the filing date of May 10 2004 . Does that constitute grounds for voiding the enforcement? order?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Bexar County Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
11/24/2017
Lawyer: Dwayne B., Attorney replied 4 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 4 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Lawyer: Dwayne B., Attorney replied 4 months ago

Have you looked at the actual file and the documents or just the online file?

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Customer reply replied 4 months ago
I have certified copies of the documents
Lawyer: Dwayne B., Attorney replied 4 months ago

Okay, I was just wanting to make sure that the computer file wasn't glitching.

Nothing you addressed in the facts are obvious grounds for voiding any orders or stopping an enforcement. The only things you mention which may raise an issue are if you did't appear at any of the hearings and were't served. That would be a violation of due process and could result in that order being overturned but the burden of proof of that would be on you.

The setting for a Dismissal for Want of Prosecution and then it not being dismissed is pretty normal. Usually when a lawyer gets a DWOP letter you call the court coordinator or file a response and tell the judge you will try to get the case ready and heard by a certain date, or that you think you can get it settled by a certain date.

There doesn't have to be a notice of hearing if, for instance, there was an agreement. In that case you just catch the judge in a spare moment and "prove up" the order. The only time service is required is when the case starts or when a case is reopened. The reason the Order of Commitment was suspended was likely that someone noticed there was no record of service being accomplished.

The only thing that is unusual is if you state you didn't sign off on any orders and the signature on it is not yours. You could file a Motion to Strike Order and in the motion allege you didn't know about it, didn't sign it, ad didn't agree to it. The court would then want to hear evidence on the issue. It is the only thing you mention that might be likely to void the order and it wouldn't be automatically voided, it would just be possible to try and get it voided/struck under those facts.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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