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.
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.
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