Form Fl300 and Defendant respons

[willydhutch]

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

In mid September, I served a form FL300 and accompanying paperwork to my ex spouse who owes over $50K in back child support. Our court date is coming up in early Dcember and I have not received any type of response from him or his attorney other than a letter from his attorney saying that he was out of town and unavailable until November 27th.

My question is this: Am I legally due a response to my filing prior to the court date or do I just have to go into court blind as to what his argument or defense might be?

 

[LdiJ]

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

In mid September, I served a form FL300 and accompanying paperwork to my ex spouse who owes over $50K in back child support. Our court date is coming up in early Dcember and I have not received any type of response from him or his attorney other than a letter from his attorney saying that he was out of town and unavailable until November 27th.

My question is this: Am I legally due a response to my filing prior to the court date or do I just have to go into court blind as to what his argument or defense might be?

Odds are that if his attorney is out of town until November 27th, that his attorney will ask for a continuance in order to be able to respond. The judge will most likely grant that continuance.