QUESTION
If it’s past the thirty days to file a response to my divorce, can I stop the default clause in the subpoenas?
Asked on Mar 27th, 2014 on Divorce - California
More details to this question:
I got legal advice from an attorney to offer to agree to a settlement different than her court papers said with regards to spousal support. She agreed to pay in text and verbally. I wrote up an email with a tentative agreement. She sent it to a paralegal to be drawn up to be notarized but has stalled the papers so the court subpoena would go to default. Now she doesn’t want to do the agreement. I am without a job as I was a stay at home father and have no means currently. I see my kids once a week. I live in California.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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File an answer immediately. If too late file for support and possibly to set aside judgment due to fraud.
Answered on Mar 31st, 2014 at 4:42 PM
You might be able to make a motion to set aside the default if it has been filed, if it has not been filed you can still file your response.
Answered on Mar 31st, 2014 at 4:42 PM
You may be able to claim equitable estoppel. Contact and hire an attorney now. At the least, immediately file a response and state what happened in your case.
Answered on Mar 31st, 2014 at 4:42 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to respond to protect your rights. File a fee waiver to get time to pay or free filing. You have to file for a hearing to get spousal support.
Answered on Mar 31st, 2014 at 4:32 PM