Motion to Vacate Default Judgement of Divorce

[justalayman]

Now I understand why they say never Google for your answers. Because you won't get any that are viable or even pertinent. I do not give a xxx if that man is forced to pay child support for 18 years for a child that isn't his because he's dumb as hell and won't sign a Denial of Paternity or submit to a DNA test. I don't know any male in their right mind who would fight so hard to do so. . so damnit let him do it! I have no wish nor intention of wasting any of my money fighting the idiot out of paying me money he so obviously desires to pay me! I have no intention of stressing out over the xxx and his motives. If he wants to be my baby daddy then go for it! So ACTUALLY the STATE attorney DOES represent my interests as well as my child's. My ONLY QUESTIONS HAD TO DO WITH MY NEXT STEPS IN HANDLING CUSTODY/visitation in the divorce!!!!!!!!!!!! Which is an aspect (the custody and visitation etc) Id have to deal with no matter whom was placed on the birth certificate. DAMN JUST ANSWER THE QUESTIONS. Why is it so damn difficult for people to answer the questions posed instead of giving opinions in areas superfluous to the MOTIVE of the content? Like. . I want to know if his manipulative and slimy behavior with intentionally misleading me to turn away all the police officers (before I was ever pregnant so it OBVIOUSLY had nothing to do with that!!) and purposefully using a random address we had not agreed to LIKE WE HAD AGREED TO USE MY GRANDMOTHERS ADDRESS is a sound reason for extrisic fraud???. Or would I even have to file a Motion based on fraud at all when we now have a "child of the marriage"?? Could I just file a damn Motion saying I just want to talk about custody and ****? I was hoping to be able to combine everything in one jurisdiction though. Child support is in Washington. Custody would be in Florida because that's where the divorce is. . SO IDEALLY I'd want the original divorce vacated ONLY SO I COULD FILE IT ALL TOGETHER in WA where the baby is. But that's the ideal scenario.

I hope he filed for primary custody and is awarded it and you have to pay him child support.

I hope you realize the guy in Florida will be given visitation if he seeks if. How will you like sending your child to Florida for visitation?

 

[AdoptADog]

Since you apparently know all the answers, why are you asking the questions?

Like button cubed. I was just about to say the same thing. OP really needs to speak to an attorney.

 

[stealth2]

BTW Moonie - white space is your friend.

And now? Go pay a lawyer.

 

[LCMoon]

Is he still the husband? You said you are divorced, right? I guess your lack of timeline is my fault since I had to
Guess but be sure to come on back and tell me I'm wrong and the hospital did put your ex husbands name as
Father because you claim your divorce was less than 300 days prior to the child's birth

Ya see, I didn't say the law didn't consider him the presumptive father. I said the hospital is not going to make a legal determination through administrative action.

It was my error regarding your parents address and your grandparents.


Since you believe you have everything under control I'll bow out.


Edit to add;

Not placing a father on the birth certificate will cause you no problems legally. Putting the bio father on there could.

You placing your ex on the birth certificate knowing he is not the father also can be problematic for you.


All of that is different than child support services utilizing the law to presume paternity to engage him in a child support action.

I never received a final decree of divorce. My mother hasn't said anything about receiving anything either. I'm assuming it's final because of the court hearing date for July 5 2016 for a Motion of Default Judgement my mother said she saw in the papers she went through. But it doesn't matter either way because even then it wouldn't be soon enough to negate the 300 day clause.

I'm also not giving birth at a hospital. I have a midwife and I'm doing it at home. Besides, it is the Department of Child Support and the Registrars Office who are the true authorities over the reporting and execution of penalties of birth certificate fraud. I am intimately involved with the DCS because of my welfare status so they have been communicating with me very clearly as to the correct course of action. As it's custom to do so with the guardians of children who's other parent they intend to pursue for C.S.

To be clear the Paternity is not the focus or what is in question. This is a divorce forum thread. Not paternity. He is only relevant as a direct result of his childish behavior in refusing to submit to a DNA test and refusing to sign a Denial of Paternity. He has legally defaulted into "father" as a result.
The Department of Child Support is using those facts as direct cause for pursuing him and him alone for child support to recoup what they are assisting me with while I'm on welfare. The Department of Child Support also has the authority to establish his paternity administratively.

Placing him on the birth certificate does not cause any problems for me. It is as simple as submitting to a DNA test after the BC is filed to remove his name or signing a Denial of Paternity before birth to prevent the placing of the name. The entire purpose of the law is to notify the husband of the wife's condition so that neither spouse is able to bow out of parental responsibilities or prevent the other parent their rights. NOT placing him would cause the most issues. Most immediately because the Department of Child Support looks first in their investigations to locate a legally responsible father at the marital status of the mother and especially as Divorce and Marriage records are public that is the first thing they would see. That I willfully lied about my marital status, not in compliance with presumption of Paternity laws. That would directly affect me and my child because my eligibility for any assistance would be denied for the rest of my lifetime because of Paternity fraud. As well as owing back anything paid out. It is ILLEGAL to not name the spouse or exspouse as father regardless of DNA relations if he falls within the legal timeline. He has the right to be notified FIRST. I would have been able to slip through the cracks if I NEVER applied for benefits in the child's life and lied about my marital status. But the bio dad would still not be able to assert any legal rights that way.

Again. None of this aspect was where any of my questions lay. I simply illustrated why the ex husband is still relevant, thus the divorce as well. Like I also said I was more than willing to let the default stand. But he refused to sign the Denial or submit to DNA testing. So now. . he has legal rights to the baby. And I need to address those in a legal manner so that the law can enforce it. I have every intention of asking the courts that he have no custody and no visitation. He has no reason to be involved besides to be childish. If he wants to fight that, he can go for it.

I listed my questions related to the divorce aspect towards the end and also in my last comment on the thread. Custody etc is my only concern at this time. My ideal scenario is that I would be able to get the divorce in Florida's jurisdiction dismissed so that I would be able then to combine child support and custody in the same jurisdiction where we reside instead of having everything so sloppy in split up. This was obviously not a planned aspect of the divorce.

I was hoping to be able to use his slimy behavior about advising me to not speak to the police because of the CID investigation and how apparent it seemed he used that as a cover to actually set the divorce in motion and his intentional use of a totally different address than agreed upon, without informing me, as reason to Dismiss with Prejudice due to Extrinsic Fraud. In his messages on Facebook he had clearly stated that he not only received all my messages but that he had ignored all of them on purpose. I felt like those messages from him may give me the slam dunk on the Extrinsic Fraud aspect. Like I said, my ONLY motive for getting the divorce dismissed with prejudice in Florida is so that I could file everything all together myself where the baby resides.

 

[LCMoon]

Like button cubed. I was just about to say the same thing. OP really needs to speak to an attorney.

Read the questions I actually listed. This is not a paternity forum. This is about divorce. That's where my questions lay. Paternity is NOT IN QUESTION. Which I keep saying. My questions are about the DIVORCE AND CUSTODY. just like the forum thread says.

 

[Zigner]

Speak to an attorney - really.

 

[LCMoon]

Since you apparently know all the answers, why are you asking the questions?

Nobody is answering the questions I am actually asking. This is NOT a paternity forum. This is a divorce/annulment forum. Which is where ALL my listed question are. Paternity is not in question. It has already been legally handled. The (ex) husband being legal father because of his childish behavior and refusal to submit to DNA testing or sign a Denial of Paternity came as a complete surprise and therefore has now made the divorce relevant again in custody matters. Towards the end of my intial post, if you read it, I say clearly "so here are my questions". . I list them. My IDEAL scenario is that I would be able to have the divorce dismissed based on extrinsic fraud because of his behavior regarding the address he used as well as his shadiness in the situation with CID and their investigation. I believe he may have used that situation as a cover to slip the divorce proceedings in. Based on the information he had given me I may have unintentionally prevented a Police officer from serving me with the divorce papers. The (ex) husband on September 19 2016 sent me Facebook messages telling me he had indeed received all of my messages and had intentionally ignored all of them. I feel like that may solidfy my claim that he was trying to prevent my involvement in the divorce. I do not believe the pregnancy had anything to do with his actions HOWEVER, if I had been able to be involved I would have been able to address the pregnancy and the courts would have prevented his name from being placed on the BC. And custody wouldn't have been an issue at the finalization of divorce. I feel like that is solid reasoning to have it dismissed. Again and again I repeat. My ONLY motive for having the divorce dismissed is so that I can refile myself in the State of Washington so that everything is in ONE jurisdiction and where the baby resides. However, if I can't get it dismissed. . then what? Do I just file a Motion to address custody concerns? How would I do that if the original paperwork claim "no kids no property"?

 

[Zigner]

Nobody is answering the questions I am actually asking. This is NOT a paternity forum. This is a divorce/annulment forum. Which is where ALL my listed question are. Paternity is not in question. It has already been legally handled. The (ex) husband being legal father because of his childish behavior and refusal to submit to DNA testing or sign a Denial of Paternity came as a complete surprise and therefore has now made the divorce relevant again in custody matters. Towards the end of my intial post, if you read it, I say clearly "so here are my questions". . I list them. My IDEAL scenario is that I would be able to have the divorce dismissed based on extrinsic fraud because of his behavior regarding the address he used as well as his shadiness in the situation with CID and their investigation. I believe he may have used that situation as a cover to slip the divorce proceedings in. Based on the information he had given me I may have unintentionally prevented a Police officer from serving me with the divorce papers. The (ex) husband on September 19 2016 sent me Facebook messages telling me he had indeed received all of my messages and had intentionally ignored all of them. I feel like that may solidfy my claim that he was trying to prevent my involvement in the divorce. I do not believe the pregnancy had anything to do with his actions HOWEVER, if I had been able to be involved I would have been able to address the pregnancy and the courts would have prevented his name from being placed on the BC. And custody wouldn't have been an issue at the finalization of divorce. I feel like that is solid reasoning to have it dismissed. Again and again I repeat. My ONLY motive for having the divorce dismissed is so that I can refile myself in the State of Washington so that everything is in ONE jurisdiction and where the baby resides. However, if I can't get it dismissed. . then what? Do I just file a Motion to address custody concerns? How would I do that if the original paperwork claim "no kids no property"?

Nobody here is required to give you an answer. Talk To An Attorney- REALLY

 

[LCMoon]

I hope he filed for primary custody and is awarded it and you have to pay him child support.

I hope you realize the guy in Florida will be given visitation if he seeks if. How will you like sending your child to Florida for visitation?

What you say was intended to be offensive I'm sure? But I laugh because I'd be surprised as all get out of he could even file the right paperwork to ask for visitation let alone sole custody haha. I was always the Brain. He was more of the Pinky. Not to say I havnt sent him all of the corresponding paperwork he would need to try to help him out myself. I would love to have him involved as a parent. . I was actually thinking he would ask for some visitation because the dumbass for himself defaulted. But hey. Maybe he did it on purpose. Maybe he is trying to trap me lol. I'd give him his props if this was all some elaborate plan on his part. . but honestly I doubt it. He doesn't even get to see his other kids lol so I honestly doubt it would happen. And Its funny you say that. . I was actually just talking to someone about that. Florida is a beautiful place. I lived there for awhile. I moved around the world in the ARMY. Got to see rainforests to deserts to tropical beaches. I loved the beach. And Miami!! And the warm weather! I'd move back in a heart beat. I even loved the torrential downpours lol.

 

[LCMoon]

Nobody here is required to give you an answer. Talk To An Attorney- REALLY

The majority just give their opinions and no real answer anyway. Which was the point. Cast a line hoping to get a good perspective or idea but most of the time come back empty cause the lake is actually empty.

 

[Zigner]

Given enough time, the "other side" always tends to bleed through...

 

[not2cleverRed]

What you say was intended to be offensive I'm sure? But I laugh because I'd be surprised as all get out of he could even file the right paperwork to ask for visitation let alone sole custody haha. I was always the Brain. He was more of the Pinky. Not to say I havnt sent him all of the corresponding paperwork he would need to try to help him out myself. I would love to have him involved as a parent. . I was actually thinking he would ask for some visitation because the dumbass for himself defaulted. But hey. Maybe he did it on purpose. Maybe he is trying to trap me lol. I'd give him his props if this was all some elaborate plan on his part. . but honestly I doubt it. He doesn't even get to see his other kids lol so I honestly doubt it would happen. And Its funny you say that. . I was actually just talking to someone about that. Florida is a beautiful place. I lived there for awhile. I moved around the world in the ARMY. Got to see rainforests to deserts to tropical beaches. I loved the beach. And Miami!! And the warm weather! I'd move back in a heart beat. I even loved the torrential downpours lol.

Don't sell the dude short. He was able to figure out how to divorce you.

Seriously, the fact that you were avoiding police on his say so doesn't make you sound all that brilliant.

 

[LCMoon]

Given enough time, the "other side" always tends to bleed through...

Unless the person is real and doesn't wear masks. Everyones a judgemental hypocrite in real life. It's always easy to look better and hide in the dark when you're not the one in the limelight. I read the law for fun and poetry books too. I swear everyday. I blow stuff up. I eat what I kill when I go hunting. I get heated. But I also draw waterfalls, cartoons and wildlife with charcoal. I crochet blankets. I play the piano. It depends on what you view as "the other side". Either side of the Moon you look at, the Dark Side of the Light. . it's all the Moon.

 

[Zigner]

Unless the person is real and doesn't wear masks. Everyones a judgemental hypocrite in real life. It's always easy to look better and hide in the dark when you're not the one in the limelight. I read the law for fun and poetry books too. I swear everyday. I blow stuff up. I eat what I kill when I go hunting. I get heated. But I also draw waterfalls, cartoons and wildlife with charcoal. I crochet blankets. I play the piano. It depends on what you view as "the other side". Either side of the Moon you look at, the Dark Side of the Light. . it's all the Moon.

Over your head...

 

[LCMoon]

Don't sell the dude short. He was able to figure out how to divorce you.

Seriously, the fact that you were avoiding police on his say so doesn't make you sound all that brilliant.

Lol I had sent him the divorce packet. And actually, if you read the original post we agreed not to speak to CID without lawyers representing us.