Wasn't given notice to appear prior to court date

[jakeolsen]

What is the name of your state (only U.S. law)? ILLINOIS

Hi, I am currently going through a divorce, and on 8/12/2011 there was a hearing at 9:15am that was brought by my ex's lawyer for temporary child support. I did not receive notice to appear until 10:00 am on the day because I hadn't filed an appearance and her lawyer sent the notice to appear to the next town over. I have the letter and the envelope showing that it went around in the mail before arriving to me. Is there a way for me to have a new hearing on this issue since I wasn't given sufficient notice to appear? Can I block the default ruling in the meantime?

 

[mistoffolees]

What is the name of your state (only U.S. law)? ILLINOIS

Hi, I am currently going through a divorce, and on 8/12/2011 there was a hearing at 9:15am that was brought by my ex's lawyer for temporary child support. I did not receive notice to appear until 10:00 am on the day because I hadn't filed an appearance and her lawyer sent the notice to appear to the next town over. I have the letter and the envelope showing that it went around in the mail before arriving to me. Is there a way for me to have a new hearing on this issue since I wasn't given sufficient notice to appear? Can I block the default ruling in the meantime?

You should be able to. Contact the court clerk to ask the procedure for voiding a decision due to lack of service.

 

[Free_Advice]

Motion for reconsideration or motion to open a default judgment may be in order. Beware: you did not file an appearance .. this may effect your ability to challenge -- there is not enough information to understand your chances ... dates of filings would be needed

 

[LdiJ]

What is the name of your state (only U.S. law)? ILLINOIS

Hi, I am currently going through a divorce, and on 8/12/2011 there was a hearing at 9:15am that was brought by my ex's lawyer for temporary child support. I did not receive notice to appear until 10:00 am on the day because I hadn't filed an appearance and her lawyer sent the notice to appear to the next town over. I have the letter and the envelope showing that it went around in the mail before arriving to me. Is there a way for me to have a new hearing on this issue since I wasn't given sufficient notice to appear? Can I block the default ruling in the meantime?

Please remember that the order was for temporary child support...you will have the opportunity for it to be revisited again. Google an online child support calculator for your state and run the numbers yourself to see if the amount ordered is in line with your income. If it is, you might be better off not wasting resources on battling the temporary support.

 

[mistoffolees]

Motion for reconsideration or motion to open a default judgment may be in order. Beware: you did not file an appearance .. this may effect your ability to challenge -- there is not enough information to understand your chances ... dates of filings would be needed

Date of filing probably isn't that important. OP claims that he wasn't served until after the hearing started. This issue is non-service, not failure to appear.

 

[jakeolsen]

So I filed a motion to vacate because of non-service. Is this the appropriate way to go? The problem now is that I have a court date that is not until 9/23. In the meantime, my ex will be getting 70% of my income because her lawyer entered my two week paycheck as if it were just one week. Since I wasn't there to defend it, the court thinks that I am making $1600 a month when I am actually only making a little over $700. I don't have a problem paying child support, but this month $520 of the $700 I make will go to child support. I need help fast!

 

[mistoffolees]

So I filed a motion to vacate because of non-service. Is this the appropriate way to go? The problem now is that I have a court date that is not until 9/23. In the meantime, my ex will be getting 70% of my income because her lawyer entered my two week paycheck as if it were just one week. Since I wasn't there to defend it, the court thinks that I am making $1600 a month when I am actually only making a little over $700. I don't have a problem paying child support, but this month $520 of the $700 I make will go to child support. I need help fast!

You should be able to get a credit in September.

Meanwhile, if you're only making $700 a month, you need a full time job. Or some overtime. Or a second job. Full time wage at minimum wage is over $1200 a month. And in that bracket, taxes are not going to be that much.

 

[LdiJ]

So I filed a motion to vacate because of non-service. Is this the appropriate way to go? The problem now is that I have a court date that is not until 9/23. In the meantime, my ex will be getting 70% of my income because her lawyer entered my two week paycheck as if it were just one week. Since I wasn't there to defend it, the court thinks that I am making $1600 a month when I am actually only making a little over $700. I don't have a problem paying child support, but this month $520 of the $700 I make will go to child support. I need help fast!

Do you have the opportunity to work more hours? Honestly that might be a better short term solution to get more money in your pocket quickly. You are going to be imputed full time earnings at, at least minimum wage anyway, so odds are you are going to be paying more child support than based on 700.00 a month.