Time limit to challenge Exparte court order

[sundbusi]

Alabama

Myself and my Ex-wife were foreign nationals, we had a child through this marriage. My Ex-wife filed divorce and an Exparte order issued in the year 2007 finalizing the divorce along with financial liabilities against me in Alabama. I could not attend to the court proceedings as I moved out of USA and not having visa to travel to USA but I was served the notice. I could not honor the court order which I even learnt about final decree couple of years later in 2009. Her where-abouts are unknown. I learnt that the child was adopted by new husband in 2011. Now, if I take a job in US, can she come after me. Since the divorce decree has false allegations, can I initiate Fraud case against her. Please advice.

 

[Ohiogal]

Alabama

Myself and my Ex-wife were foreign nationals, we had a child through this marriage. My Ex-wife filed divorce and an Exparte order issued in the year 2007 finalizing the divorce along with financial liabilities against me in Alabama. I could not attend to the court proceedings as I moved out of USA and not having visa to travel to USA but I was served the notice. I could not honor the court order which I even learnt about final decree couple of years later in 2009. Her where-abouts are unknown. I learnt that the child was adopted by new husband in 2011. Now, if I take a job in US, can she come after me. Since the divorce decree has false allegations, can I initiate Fraud case against her. Please advice.

No you cannot initiate a fraud case against her. For a 60(B) motion, you would have had to do that in 2008 -- no later than 1 year after the so called fraud and even that is no guarantee. And it was not an ex parte order if YOU were served and had notice. You abandoned your child. You may still owe child support and other things. But you apparently don't care about the child, now do you? Your concern is money.

 

[sundbusi]

No you cannot initiate a fraud case against her. For a 60(B) motion, you would have had to do that in 2008 -- no later than 1 year after the so called fraud and even that is no guarantee. And it was not an ex parte order if YOU were served and had notice. You abandoned your child. You may still owe child support and other things. But you apparently don't care about the child, now do you? Your concern is money.

Ofcourse you can draw any wrong conclusions I will not try to justify anything. But, I really appreciate your quick response.

 

[Ohiogal]

Ofcourse you can draw any wrong conclusions I will not try to justify anything. But, I really appreciate your quick response.

Wrong conclusions? Mom had the child born of the marriage. You couldn't return to the US. How did you see the child?

 

[sundbusi]

Wrong conclusions? Mom had the child born of the marriage. You couldn't return to the US. How did you see the child?

It's difficult to explain the whole story in a public forum and beg you not to judge and blame anyone based on couple of lines. The best help you can offer is giving Yes/No based on few lines posted.

Once again thanks for answering.

 

[stealth2]

Part of the problem is that you are using improper terminology - a default divorce was granted, not an ex parte divorce. That is part of what the attorney who posted to you was saying. You were served, you had an opportunity to hire an attorney to represent you and/or appear telephonically yourself. It seems you did neither. You have no recourse at this late date - nearly 10 years later.

And frankly, you apparently have little concern regarding the child. Did you have contact with him/her in the four years between the divorce/adoption? If not, it was probably legally determined that you abandoned the child. It's not a judgment on our part to say so, although I have no doubt almost every parent here - father or mother - inwardly does judge you for it.

And yes, if there was an order for child support (which I am assuming there is, and you did not pay)? Mom can file against you as soon as you step foot in the US. I am assuming you are in a country which will not recognize/enforce a US court order. Note that any finding against you for arrears will include interest for support not paid (from order - adoption) that has been accruing.

It is a shame that you put your finances ahead of your biological child. (and yes, that IS a judgment).

<spit>

 

[sundbusi]

Part of the problem is that you are using improper terminology - a default divorce was granted, not an ex parte divorce. That is part of what the attorney who posted to you was saying. You were served, you had an opportunity to hire an attorney to represent you and/or appear telephonically yourself. It seems you did neither. You have no recourse at this late date - nearly 10 years later.

And frankly, you apparently have little concern regarding the child. Did you have contact with him/her in the four years between the divorce/adoption? If not, it was probably legally determined that you abandoned the child. It's not a judgment on our part to say so, although I have no doubt almost every parent here - father or mother - inwardly does judge you for it.

And yes, if there was an order for child support (which I am assuming there is, and you did not pay)? Mom can file against you as soon as you step foot in the US. I am assuming you are in a country which will not recognize/enforce a US court order. Note that any finding against you for arrears will include interest for support not paid (from order - adoption) that has been accruing.

It is a shame that you put your finances ahead of your biological child. (and yes, that IS a judgment).

<spit>

I was in contact with the child, support paid and funds secured on her name for college education as well. But my ex forcebly moved the child away which i could not fight due to my financial situation and the attorneys in US already charged a fortune. Now I recovered and wanted to fight again, would you represent me in the battle?

On judgement: I don't react to uncivilized racists but, forgive.

 

[Ohiogal]

I was in contact with the child, support paid and funds secured on her name for college education as well. But my ex forcebly moved the child away which i could not fight due to my financial situation and the attorneys in US already charged a fortune. Now I recovered and wanted to fight again, would you represent me in the battle?

On judgement: I don't react to uncivilized racists but, forgive.

No one who answered you is a racist. You however are presenting yourself as a deadbeat. You were the one who left the country. You have no fight. You have no battle. You have no child. You are totally out of luck. So stay in your own part of the world.