Escondido, CA asked in Child Custody, Child Support and Family Law for California

Q: Can a child support case be thrown out if I was never served? That was my brothers home 10 yrs prior. I was in prison!

I was in federal prison during this time based on lies I lost my children and just because my aunt who has the kids said I lived there they believed her instead of looking me up. They said I was well aware of the child support case opened against me and I never showed up for court they filled a judgement. As I said I was in prison and I never re Venice any type of paper work if I would of the prison staff are required to make arrangements for us to show in court. I didn’t know anything until I came out of prison and went to the dmv to renew my license and that’s when I found out that I couldn’t cause I owed child support. And still at that time my focus was in gaining back custody of my babies but today I don’t have them and they garnished the money I had to fix my car so what can I do to get this thrown is lies under oath and perjury is in place in a court of law.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you were not properly served with notice of the child support case and a judgment was entered against you without your knowledge, you may have grounds to have the case reopened and the judgment vacated.

In California, a party must be properly served with notice of a child support case in order for the court to have jurisdiction over them. If you were in federal prison at the time and did not receive notice of the case, you may be able to argue that the court did not have jurisdiction over you and that the judgment should be vacated.

To do so, you will likely need to file a motion to set aside the judgment with the court that entered the original judgment. You will need to explain the circumstances that prevented you from receiving notice of the case and provide any evidence you have to support your claim.

It's important to note that the process of having a judgment vacated can be complex and may require legal representation. You may want to consider consulting with a family law attorney who can advise you on your legal rights and options and help you navigate the process of challenging the child support judgment.

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