Being served with legal papers...a ?

[lovingstepmom]

What is the name of your state? FL

My husband and I are invovled in a custody case. His ex-wife hired an attorney and we just found out that he has filed multiple motions without serving or sending copies to my husband. It is my understanding that the law requires this. One of the motions was actually filed and a judge entered an order without our knowledge. We have been Pro Se on all the previous issues and cannot afford an attorney now. Does anyone have any idea what we can or should do about this?

 

[Gracie3787]

What is the name of your state? FL

My husband and I are invovled in a custody case. His ex-wife hired an attorney and we just found out that he has filed multiple motions without serving or sending copies to my husband. It is my understanding that the law requires this. One of the motions was actually filed and a judge entered an order without our knowledge. We have been Pro Se on all the previous issues and cannot afford an attorney now. Does anyone have any idea what we can or should do about this?

That was one of my hubby's ex's favorite ploys also. Your husband *might* be able to get the orders vacated based on non service or fraud. However, he should attempt this only if the order was recent and can be proven to substancially affect the overall outcome of the case.

I agree with SJ in your other thread, go to the courthouse to view the entire file. Also, be sure to check the file at least once a week, and certainly right before any scheduled hearings.

 

[lovingstepmom]

Never Served

Thanks Gracie3787!

Maybe you can help me futher with a few more details. The original petition for modification of child custody and support was filed by my husbands ex in 7/2006 and he was served properly in 8/2006. We responded in 8/2006. Then Department of Revenue got involved in our case because she owes us almost $6000.00 in child support arrearage. The attorney for the department was not prepared when we went to Mediation in 10/2006 so it was posponed. The attorney from the Department of Revenue has made it clear from the beginning of all this that his only involvment in this case is with the arrearage, nothing else. When we went to this Mediation 6/2006 we found out that there had been 3 motions filed in 3/2007. One of those actually resulted in a judges order. We were never served or given copies of any of these motions so we cancelled that Mediation. My husband told the ex's attorney that he needed to serve him and verified our address. We have not recieved anything. We went to a hearing in 10/3/2007, the hearing was requested by the Department of Revenue attorney to revise, determine and enforce a repayment plan on the arrearage amount. In this hearing the exwife attorney attempted to address the issues that were in the motions we were never served with. He told the hearing officer that my husband had "failed" to respond to any of the motions and that he "could have" filed for default. My husband stated he had never been served with any of the motions. The hearing officer refused to hear the case and said the issues need to be heard in front of a circuit judge. What should we do now?

 

[LdiJ]

Thanks Gracie3787!

Maybe you can help me futher with a few more details. The original petition for modification of child custody and support was filed by my husbands ex in 7/2006 and he was served properly in 8/2006. We responded in 8/2006. Then Department of Revenue got involved in our case because she owes us almost $6000.00 in child support arrearage. The attorney for the department was not prepared when we went to Mediation in 10/2006 so it was posponed. The attorney from the Department of Revenue has made it clear from the beginning of all this that his only involvment in this case is with the arrearage, nothing else. When we went to this Mediation 6/2006 we found out that there had been 3 motions filed in 3/2007. One of those actually resulted in a judges order. We were never served or given copies of any of these motions so we cancelled that Mediation. My husband told the ex's attorney that he needed to serve him and verified our address. We have not recieved anything. We went to a hearing in 10/3/2007, the hearing was requested by the Department of Revenue attorney to revise, determine and enforce a repayment plan on the arrearage amount. In this hearing the exwife attorney attempted to address the issues that were in the motions we were never served with. He told the hearing officer that my husband had "failed" to respond to any of the motions and that he "could have" filed for default. My husband stated he had never been served with any of the motions. The hearing officer refused to hear the case and said the issues need to be heard in front of a circuit judge. What should we do now?

No one can really answer you unless you tell us what the motions were about and what was ordered.

 

[Gracie3787]

No one can really answer you unless you tell us what the motions were about and what was ordered.

It will help if we also know how long ago the motions were filed and orders issued on. Plus, in what ways did the resulting orders adversely effect your husband's rights and case?