No announcement yet.

Default judgement set aside

  • Filter
  • Time
  • Show
Clear All
new posts

  • Default judgement set aside

    Alabama, In 2008 a family court entered an order modifing custody from the mother to the father and the mother was ordered to pay support. The order was entered by default. One year later the father sought the assistance of child services to collect support from the mother. The mother got an attorney and filed a motion to set aside the default judgement and the reasons given were: The father never took any action to effect change of custody and that the parties minor child never resided with the father.
    At the time the father sought the modification the child did not live with the father or the mother , but with an aunt and all this was presented to the court and the modification was granted to father.
    The mothers motion to set aside was granted and the father now has to appear before the court to show why he shouldn't be held in contempt of court. Whats up with this?

  • #2
    Re: Default judgement set aside

    It's merely supposition, but my guess would be because the child was not living with him during the child support time in question. Therefore, he should not have been receiving child support during that time-frame in question.

    He must have received an Order to Show Cause?


    Previously entered content was automatically saved. Restore or Discard.
    Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Big Grin :D Frown :( Embarrassment :o Confused :confused: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
    Insert: Thumbnail Small Medium Large Fullsize Remove  

    the color of a banana is... (write the answer twice with an "@" between the words)

    widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.