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Motion to Vacate Default Judgement of Divorce

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not2cleverRed

Obvious Observer
Furthermore like I have said before he is the one so adamantly wishing to be fiscally responsible for a child that is not his own. I'm not concerned with any of that. I could care less what his child support amount is or anything. That's all his own doing. He fought very hard to be responsible and he got it. He had 9 months and unlimited opportunities to not be. All he had to do is sign one piece of paper and take a FREE DNA test. Besides. I don't actually need his money personally. I have other plans for it when I start receiving the checks myself.
Then why are you here?

Is there something in the default divorce that you wanted and didn't get, other than bragging rights that you dumped his sorry ***?
 


LCMoon

Member
Soooo missing the like button.

I'm not sure what she wants... She wants to be divorced, just not in FL?

I'd just be glad I was divorced.

You don't need to vacate a divorce to disestablish paternity.
Paternity is not in question. Custody is in question. Custody was not addressed in the divorce. Custody needs to be addressed not he divorce. Child support is WA. The divorce is in FL. What I WANT is for custody to be addressed but IDEALLY have everything in the same jurisdiction instead of split in different places across the country. The husband was never intended to be the father. It is not his biological child. But he has acted in many different ways that has made him the legal father conclusively. Read the initial post. I have clearly stated multiple times what my questions are. All I've been asking about is the forms, the verbage, ideas and best routes to redress these issues.
 

Zigner

Senior Member, Non-Attorney
Paternity is not in question. Custody is in question. Custody was not addressed in the divorce. Custody needs to be addressed not he divorce. Child support is WA. The divorce is in FL. What I WANT is for custody to be addressed but IDEALLY have everything in the same jurisdiction instead of split in different places across the country. The husband was never intended to be the father. It is not his biological child. But he has acted in many different ways that has made him the legal father conclusively. Read the initial post. I have clearly stated multiple times what my questions are. All I've been asking about is the forms, the verbage, ideas and best routes to redress these issues.
What did your attorney say?
 

Silverplum

Senior Member
Paternity is not in question. Custody is in question. Custody was not addressed in the divorce. Custody needs to be addressed not he divorce. Child support is WA. The divorce is in FL. What I WANT is for custody to be addressed but IDEALLY have everything in the same jurisdiction instead of split in different places across the country. The husband was never intended to be the father. It is not his biological child. But he has acted in many different ways that has made him the legal father conclusively. Read the initial post. I have clearly stated multiple times what my questions are. All I've been asking about is the forms, the verbage, ideas and best routes to redress these issues.
I wouldn't deal with you even if you gave me a Hefty trash bag stuffed with $100 bills.

Run along and be yourself somewhere else.
 

LCMoon

Member
Then why are you here?

Is there something in the default divorce that you wanted and didn't get, other than bragging rights that you dumped his sorry ***?
If you refer to the original post where all my questions are clearly listed under the section that says "Soo. . these are my questions..." I ask about Custody, forms, process and vacating the divorce in order to combine the jurisdictions instead of having multiple states involved and if Vacating is not an option then how else could a redress of custody issues be done? Especially since the initial paperwork filed was for "no children no property"
 

LCMoon

Member
What did your attorney say?
The attorney I spoke to over the phone for a free consultation said According to the laws of Florida you could do any of those things. You could Motion to vacate due to fraud. High chance of winning because of his Facebook messages as well as his refusal to communicate during the CID investigation. You could do a Motion to Dismiss because the paperwork wouldn't be appropriate any longer. Or you could just file to address custody matters. BUT the catch would be if the one I try doesn't get approved then I won't be able to just try another one. Then its be a while different problem. Someone with equal rights with no structure or system. So that's why I'm on a forum built on people ideas and opinion for possible recourse.
 

Silverplum

Senior Member
The attorney I spoke to over the phone for a free consultation said According to the laws of Florida you could do any of those things. You could Motion to vacate due to fraud. High chance of winning because of his Facebook messages as well as his refusal to communicate during the CID investigation. You could do a Motion to Dismiss because the paperwork wouldn't be appropriate any longer. Or you could just file to address custody matters. BUT the catch would be if the one I try doesn't get approved then I won't be able to just try another one. Then its be a while different problem. Someone with equal rights with no structure or system. So that's why I'm on a forum built on people ideas and opinion for possible recourse.
You have been rude and presumptuous. Go hire an attorney to help you with your unethical plans.
 
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LCMoon

Member
Speak to an attorney.

ETA: You did not comprehend my statement. Here, I'll say it in a more understandable way: Your attitude here gives us a glimpse at the reasons behind your ex's actions.[/QUOTE

Actually, I did. And I was highlighting how his actions don't make any sense. He could hate me, despise my "attitude" want a divorce whatever. . but then refuse rescinding his paternity rights so that he would be liable for child support for a child that isnt his? You would actually think if his actions were to align with his "feelings" that he would've been happy as **** to sign a Denial of Paternity and swab the inside of his cheek. To get me out of his life and stay out. Like we both wanted when we started filing for divorce.
 

LCMoon

Member
You have been rude and presumptious. Go hire an attorney to help you with your unethical plans.
Apparently not rude enough. Unethical in which way? The way that I want to ultimately combine the jurisdictions into one singular jurisdiction. . or in the way that I had informed the spouse 9 months ago that he needed to sign a Denial of Paternity because a divorce decree is not enough in legal standing to rescind paternity rights so that the biological father can assume them?
 

LCMoon

Member
You have been rude and presumptious. Go hire an attorney to help you with your unethical plans.
But then again. . I frequently forget civilians don't have the same type of fortitude. Maybe I have been too rough on you guys. I'm not used to people needing to be petted so much to get a different perspective.
 

LCMoon

Member
You have been rude and presumptious. Go hire an attorney to help you with your unethical plans.
Maybe you need a little conversation first. . take you out to dinner. . light some candles. . . Give you a few compliments about your hair. . before I just expect the input on a forum about giving opinions lol.
 

stealth2

Under the Radar Member
But then again. . I frequently forget civilians don't have the same type of fortitude. Maybe I have been too rough on you guys. I'm not used to people needing to be petted so much to get a different perspective.
Oh, girlie - you ain't seen nothing yet. We could have you curled up in a ball sobbing your eyes out if we cared to. But.... we don't. Go pay a lawyer.
 

Zigner

Senior Member, Non-Attorney
But then again. . I frequently forget civilians don't have the same type of fortitude. Maybe I have been too rough on you guys. I'm not used to people needing to be petted so much to get a different perspective.
See - your true colors shine through
 

justalayman

Senior Member
But then again. . I frequently forget civilians don't have the same type of fortitude. Maybe I have been too rough on you guys. I'm not used to people needing to be petted so much to get a different perspective.
Normally I would take that as a challenge but I've taken my life a new direction and have sworn off playing with the disadvantaged. Good luck to ya. You'll need it.


Oh, the attorney that said something about dismissing whatever; nope. You can dismiss an action or
a motion but once the finality has set in with a judgment; nope. You can seek to set it aside (vacate) or appeal it. Dismissals are for active matters. That statement has shown either you have not talked
To an attorney or you have not been forthright with him.
 
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