Phoenix, AZ asked in Family Law and Child Support for Arizona

Q: Do I need to appear for an ORA if I was never served

My ex doesnt want to pay child support so he wants full custody. I have been primary parent from the beginning. There is an ORA and I have yet to receive anything.

He states he doesn't know where i live but he picks our children up from our home every Thursday.

Why is there a date and i have not been served?

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1 Lawyer Answer

Mike Branum

Answered
  • Saint George, UT
  • Licensed in Arizona

A: There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have jurisdiction over you when you do. If you do not show up, you risk having a default judgment entered against you and then you would be forced to have the judgment set aside for lack of personal service. You would likely win, but you or your attorney would have to do a lot of work to get it done.

You certainly have strong grounds to have your matter continued to another date since you have not been properly served.

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