QUESTION
Can a judge wipe clear of back child support payments during a hearing for changing the child support amount if I do not act in the 20 days?
Asked on Mar 27th, 2013 on Child Support - Florida
More details to this question:
I was just summons and have 20 days to act by a written letter regarding the change in child support my ex husband is requesting. I was told by a relative that if I don't get a lawyer that the judge can clear all of the back child support payment owed and lower the amount of payment. Is this true? The court order is in FL but I live in TX and my ex lives in MO. He has hired a lawyer in FL to file this law suite in court. I understand that he isn't making the money he was making and therefore needs to adjust but he still owes me back payment that I don't want no judge clearing from the books because I didn't show up or have a lawyer to represent me. Right now his wages are being garnished and he says he doesn't know the amount that it will be lowering until it goes infront of the judge and he makes that decission. I thought it was based off a set guideline per a percentage. I guess I don't want this sob to get away with not paying the back payment. Help :(
1 ANSWER
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You must file an "answer" to the pleading you were served, and must do so in 20 days from the date you were served. It is not a letter to the judge, it is a formal pleading known as an answer to petition for modification. You will loose the case if you do not file an answer, and that could mean that the court could grant what ever relief was asked for. Filling an answer it not difficult or complicated. You can get free forms online and at the court house. In the answer you will simply admit or deny each allegation stated in the petition for modification. You dont need a lawyer to file an answer and you dont need any particular legal skills to file an answer. The answer must be filed with the Clerk of the Court in the circuit court where the pleadings were filed. The summons will show you where to file the answer, there will be an address on the summons.
Answered on Mar 31st, 2013 at 6:44 PM