Motion to Vacate Default Judgement of Divorce

[LCMoon]

Over your head...

Not quite.

 

[justalayman]

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.

then why are you speaking about vacating and default judgment? Either the divorce is final or its not. Which is it?


Btw; he will not be billed for any pre-birth expenses you incur. Only at the birth does his liability start.

 

[LCMoon]

Over your head...

It's also just possible youre far too literal. I was using an abstract explanation of myself as an example because I can only speak for myself. "Other side" "ying yang" "dark Light"

 

[Zigner]

We are used to only hearing one side of a story on this site, however, given enough time, the other side often rears it's head.

 

[LCMoon]

then why are you speaking about vacating and default judgment? Either the divorce is final or its not. Which is it?

I said I did not receive a divorce decree in hand at any point and as far as my mother and I know, nor in the mail. However, the court hearing to finalize the Motion for Default Judgement was July 5 2016. According to the mailing my mother received and read. The Department of Child Support said they would get me my own copy as it would be a part of my case file. I do not have a case number nor location of the court in which he filed so I am unable to look it up myself. DCS will do it by his S.S. number. If you would also please refer back to the original post in which I asked the question, if a Motion to Vacate is not actually possible would I just file a Motion to address custody etc? I had read in an interpretation of the Divorce law of Florida that no matter what stage the divorce proceedings are in, the judge is pretty much always willing to redress custody issues. Most of the time without actually setting aside the judgement though. When a person files a Default motion it is also indicative that the proper "timeline for response" has lapsed which means I would have to file some sort of appeal or reopening regardless of finalization. Which is also why I was asking what other recourse could I take if Vacating is not doable. Them my other question about the original paperwork also comes in. If he had filed for "no kids no property" originally wouldn't that mean it would HAVE to be thrown out and defiled as the circumstances have changed enough to require different "formatting"?

 

[justalayman]

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.

The "dark side" is only dark temporarily then it becomes the light side. Although the Earth always sees the same side, the side facing the Sun constantly changes. You seem to be stuck with the belief that many do; there is A dark side. Well, the moon, as with the law, is often a matter of perspective. You're stuck where you are with no belief there is a different perspective.



The fact you haven't received a copy of the judgment doesn't mean there isn't a judgment. The fact you are asking about setting it aside strongly supports that you believe there is.


How do you propose to pay for all this activity in Florida anyway? You are on some level of state assistance which typically means you don't have the money to fly to Florida when needed to attend court. While an attorney can often do a lot, (of course with attorny's fees attached to
That), there is often something the parties must attend.

 

[LCMoon]

We are used to only hearing one side of a story on this site, however, given enough time, the other side often rears it's head.

Honestly. . I don't know even know the other side to this story . It is beyond me as to why a man would be so adamant about not rescinding legal responsibilities to a child that is not his, nor has he ever met. Especially from someone who actually turned out to have filed for divorce and agreed to permanently end the relationship with no strings attached. That's one part I would indeed like to know more about myself.

 

[LCMoon]

The "dark side" is only dark temporarily then it becomes the light side. Although the Earth always sees the same side, the side facing the Sun constantly changes. You seem to be stuck with the belief that many do; there is A dark side. Well, the moon, as with the law, is often a matter of perspective. You're stuck where you are with no belief there is a different perspective.



The fact you haven't received a copy of the judgment doesn't mean there isn't a judgment. The fact you are asking about setting it aside strongly supports that you believe there is.


How do you propose to pay for all this activity in Florida anyway? You are on some level of state assistance which typically means you don't have the money to fly to Florida when needed to attend court. While an attorney can often do a lot, (of course with attorny's fees attached to
That), there is often something the parties must attend.[/QUOTE

The way I see it is I am trying to prepare for the never ending rotation to reflect on me eventually. I have to prepare for both outcomes. Both extremes. I may get everything I ask for right up front based on the circumstances. I may get nothing because the law may no longer care about the circumstances. I may have to compromise. That's why I'm asking the questions.

I was adopted after the death of my biological father by the man I referred to in my original post. The one who is a Federal Special Agent. I am going through some hard times as a young independent woman living on my own after getting out of the ARMY and doing the divorce motions but when it comes down to it my family has my back. I have already spoken to the parents about this aspect as I have become more and more inclined to believe I would have to show up in person at some point, if not simply for the ease of being able to address everything in one or two court hearings instead of months leading into years of Motions and Petitions and Responses and the paperwork. I have also become more and more aware that I am more than likely going to have to bring the baby with me. Possibly for visitation or if at some point a Guardian Ad Litem is involved. Which is also why I have been slowly prepapring myself for the fact that I may not be able to overturn the divorce and custody would have to stay in Florida and I may actually be forced to move for simply the ease of it. There are other possibilities these days though as well. Skype and telephone being two.

 

[Zigner]

Honestly. . I don't know even know the other side to this story . It is beyond me as to why a man would be so adamant about not rescinding legal responsibilities to a child that is not his, nor has he ever met. Especially from someone who actually turned out to have filed for divorce and agreed to permanently end the relationship with no strings attached. That's one part I would indeed like to know more about myself.

Right - my comment remains over your head.

 

[LCMoon]

then why are you speaking about vacating and default judgment? Either the divorce is final or its not. Which is it?


Btw; he will not be billed for any pre-birth expenses you incur. Only at the birth does his liability start.

There won't be any costs for birth and prenatal care for anyone. I not only have full insurance as a Veteran but my midwife is my sister. I am also actively listed on a secondary insurance through my adoptive father.

 

[LCMoon]

Right - my comment remains over your head.

Your comment I fully comprehend. My situation, I do not. Hence my presence on this forum and asking all the questions I am asking.

 

[Zigner]

Your comment I fully comprehend. My situation, I do not. Hence my presence on this forum and asking all the questions I am asking.

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.

 

[not2cleverRed]

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.

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.

 

[Silverplum]

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.

What a mess!

 

[LCMoon]

then why are you speaking about vacating and default judgment? Either the divorce is final or its not. Which is it?


Btw; he will not be billed for any pre-birth expenses you incur. Only at the birth does his liability start.

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.