Q: I was served and the petition says that spousal support is reserved for future determination payable to the petitioner
I was served and the petition says that spousal support is reserved for future determination payable to the petitioner and child support does not list an amount. I agree that I need to pay and I agree with everything else in the petition and to avoid hiring an attorney I am curious if I don't respond will my ex set an amount and the court approve it or will I have a say even if I didn't file a response?
A:
It depends on how sophisticated your ex is. If you don't respond, your ex may not know what to do. If your ex knows what to do, he/she may proceed and try to seek X in spousal support and Y in child support. The risk, I think, is that in seeking X and Y, your ex may rely on a bunch of facts which you may disagree with. As a result, X and Y could be higher (possibly significantly higher) then what they would be if you had a chance to tell the court your version of the facts.
The court won't judge the accuracy of the facts (e.g. what your ex says your income is). The court will, however, determine what child support (for example) you owe based on the income your ex says you have.
A: The court makes a determination based on various financial factors and formulas. It's key to respond to all court papers. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
