Q: What do I do after a default decree was vacated and the respondent is not participating in legal proceedings?
I was granted a default dissolution of marriage after my ex failed to show to any court hearings....He decided to hire an attorney to vacate the decree...which was granted on the pleadings. Meaning we did not have to show up to court, the judge just ruled in his favor. My ex has not paid a dime in child support and has failed a drug test....there is a warrant for his arrest for failing to pay child support and his attorney has now withdrawn from the case because he is unable to get ahold of my ex...He will not show up to court...so what are my options without going to trial with someone who fails to participate? After an answer from an attorney....I have an attorney, have had one since the filing of the petition. I am nearly 10K into attorneys fees and being a single mom not getting support...its getting a little ridiculous to keep dragging this out...any advice would be appreciated.
A: You need to hire an attorney.
A:
WOW, $10k sure seems high for what you have described. Your attorney needs to file a motion to set for trial, mail a copy to Ex at his last known address, and get another trial date, then judgment for past due child support.
Do everything you can to try to locate him, and let the Sheriff know so he can be arrested on the warrant.
Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks and GOOD LUCK!
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.
