Charlotte, NC asked in Divorce, Family Law, Child Custody and Child Support for Florida

Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has done is email me an updated financial affidavit and designation of address. Am I supposed to follow up by motioning to put her in default, or wait for a response from the court? What's next?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

1 user found this answer helpful

Destardes Moore
Destardes Moore
PREMIUM
Answered
  • Divorce Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: You can file a Motion for Default with the Court. Once the default has been entered, contact your case manager to set the matter for trial or file a Motion to Set for Trial.

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