Houston, TX asked in Child Support and Family Law for Texas

Q: Was never notified of my court date so they sided with my ex husband to stop child support. What do I do

My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling them we had no notice. They said we have a transmittal notice showing the email was received. Now we do not know what to do. They said telling us how to reschedule is legal advice which they won't give. That there is nothing we can do especially since we have no lawyer. Please help.

Related Topics:
1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your ex's attorney with notice of the new court date so that they can appear.

At the court date, you should expect to appear and explain to the Judge 1) why you did not appear at the previous court hearing, and 2) why the Judge should set aside the default judgment entered against you.

If you cannot afford an attorney, I would suggest that you contact Legal Aid in your area to see if they will be able to provide some legal assistance. If you qualify for their services, they are free of charge.

I hope this information helps. Good luck to you.

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.