How do I get a default judement in my divorce case? 4 Answers as of June 06, 2011

I need help with appealing a default judgement in my divorce case. I need to challenge the alimony and get modified child support because when this all happened my wife was not working. Now she is and I am working in MD and need to get my case back into court to get changes done.

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You need to file a hearing to modify the support. You would still have to give your wife notice of the hearing.
Answer Applies to: California
Replied: 6/6/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are going to have to hire an experienced Family Law Attorney in the county in which the divorce case was filed, since you are far away. You haven't provided any grounds to appeal the default judgment. You likely defaulted, and your wife got a judgment. What you need to do is to have your lawyer file an Order to Show Cause [OSC] to modify the Child and Spousal Support Orders in the Judgment based on a material change of circumstances. Since you apparently didn't reply to the divorce Petition, you will need to pay a Response Fee, in addition to the filing fee for the OSC. You will need to be present to testify at the hearing on your OSC unless the Court allows testimony via "Court Call" a service which you need to pay to connect you by telephone to the Court and testify by phone.
Answer Applies to: California
Replied: 6/2/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Any time there is a significant change of circumstances child support may be modified. I can provide that service for either parent.
Answer Applies to: California
Replied: 6/2/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
You need to retain a lawyer to file a motion to set aside the default and/or a motion to modify the support if circumstances have changed. the courts are fairly lenient in setting aside defaults as long as you act promptly. Contact a family lawyer in your city immediately.
Answer Applies to: California
Replied: 6/2/2011
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