US Soldier needs help

[US Soldier]

What is the name of your state? Maryland

I filed for divorced in September 2007 and attempted to serve my wife by certified mail. Shortly after I recieved military orders of reassignment to Florida. At this point a month had pass and I hadn't recieved the return reciept I needed to prove she had been served. I contacted the court clerk and asked what were my options. I was told I couldn't move the case forward with out proof she had been served. So I assumed the case was dead due to non response.

Shortly after relocating to Florida, my then wife hand carried her answer to the court and I believed filed a counter complaint. The court scheduled several hearing which I wasn't aware of being that I did not recieve notification. As a result she recieved a sole custody and a large child support judgement by default. I only became aware of this judgement when I recieved a notice from my job of wage garnishment. I'm okay with the divorce but I want to challenge or modifiy the judgment of sole custody and the child support amount. Is this possible and what are my chances of success.

Other factors to consider is I know for a fact she did not diclose all of her income and the fact that my then wife was made aware of my relocation and had been in frequent contact with me every single month since relocating.

Thanks in advance for your time and assistance.

 

[fairisfair]

What is the name of your state? Maryland

I filed for divorced in September 2007 and attempted to serve my wife by certified mail. Shortly after I recieved military orders of reassignment to Florida. At this point a month had pass and I hadn't recieved the return reciept I needed to prove she had been served. I contacted the court clerk and asked what were my options. I was told I couldn't move the case forward with out proof she had been served. So I assumed the case was dead due to non response.

Shortly after relocating to Florida, my then wife hand carried her answer to the court and I believed filed a counter complaint. The court scheduled several hearing which I wasn't aware of being that I did not recieve notification. As a result she recieved a sole custody and a large child support judgement by default. I only became aware of this judgement when I recieved a notice from my job of wage garnishment. I'm okay with the divorce but I want to challenge or modifiy the judgment of sole custody and the child support amount. Is this possible and what are my chances of success.

Other factors to consider is I know for a fact she did not diclose all of her income and the fact that my then wife was made aware of my relocation and had been in frequent contact with me every single month since relocating.

Thanks in advance for your time and assistance.

your first step is requesting a copy of the entire case file. begin by looking for an affidavit of service.

 

[Zephyr]

your first step is requesting a copy of the entire case file. begin by looking for an affidavit of service.

I totally agree

 

[anastashia]

Also sign a waiver of service. And file it so if you are not served again, you cannot be held resonsible being at a hearing if you did not know.

 

[Zephyr]

Also sign a waiver of service. And file it so if you are not served again, you cannot be held resonsible being at a hearing if you did not know.

DO NOT FOLLOW THIS RIDICULOUS ADVICE

 

[anastashia]

DO NOT FOLLOW THIS RIDICULOUS ADVICE

Are u serious? My ex signed one.

Any time a law suit is filed, court papers must be served on the person being sued unless that person waives their right to service of the papers. This form can be used to waive your right to have court papers served on you. The form will protect your right to notice of future hearings and will not waive any other rights you may have in the case.

The form refers to Waiver of Service.

 

[artificially]

Also sign a waiver of service. And file it so if you are not served again, you cannot be held resonsible being at a hearing if you did not know.

Okay, I'm confused. I thought such a waiver was for ongoing cases to more or less keep down cost and things moving along. Not to 'protect' someone from being served?

 

[Ohiogal]

Are u serious? My ex signed one.

Any time a law suit is filed, court papers must be served on the person being sued unless that person waives their right to service of the papers. This form can be used to waive your right to have court papers served on you. The form will protect your right to notice of future hearings and will not waive any other rights you may have in the case.

The form refers to Waiver of Service.

A Waiver of Service means he does NOT need to be served or informed of ANY hearings. WHy would anyone will waive his right to be informed of any hearings in his case? You are giving ridiculous advice as you were told. Knock it off or prepare to be banned.

 

[Ohiogal]

Okay, I'm confused. I thought such a waiver was for ongoing cases to more or less keep down cost and things moving along. Not to 'protect' someone from being served?

No wonder. That poster has NO CLUE what a waiver of service is for. It does NOT protect someone from being served. Nor does it protect them if they are not served for a hearing. She is an idiot.

 

[Zephyr]

Okay, I'm confused. I thought such a waiver was for ongoing cases to more or less keep down cost and things moving along. Not to 'protect' someone from being served?

exactly a waiver of service is only acknowledge that you received the complaint and do not need to be formally served

so yes anastasia I am dead serious! you gave this poster advice that was sure to LOSE him everything, that was so incredibly irresponsible of you, please verify your information before you post

there is nothing that prevents one from being notified of court actions concerning them and absolves them of results of said court action**************what you posted was flat out dangerous!

 

[Zephyr]

uh- well obviously I am a slow typer....

 

[US Soldier]

Beside the "Waiver of Service"

Okay besides the "waiver of service" what can I do or should do? Thanks

 

[waitinMd]

no legal advice but you can track/check on your case at:

http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

to get specifics you have to get the case file from the courthouse. That is public record, so anyone in Maryland can pick it up for you.

Most of the counties post information very quickly.

 

[Ohiogal]

Okay besides the "waiver of service" what can I do or should do? Thanks

DO NOT do the waiver of service. Did you file a notice of relocation with the court by the way when you moved?

 

[garrula lingua]

The ABA (American Bar Association) has a LAMP program - Legal Assistance for Military Personnel.
Law firms and solo practitioners who volunteer for LAMP will work on behalf of active duty mility for free or expenses only.

You need a volunteer atty in Maryland.
Ck out the ABA site:
http://www.abanet.org/legalservices/helpreservists/lamphrdirectory.html
(I forget the guy's name who is in charge of LAMP- Bruce something - check the web site and call him if there are no longer atty-valunteers in that area of Maryland.)

You need someone to go in and set aside the Judgment.
The Judge will probably do this with your explanation.
Base legal may also be able to help (you need a lawyer in Maryland).
Unfortunately, I have found base legal/JAG to be sincere, but completely ignorant of all state court processes.

Some local Bar Associations may also do free work for active military (it's rare, and usually it's just wills and powers of attorney, but it doesn't hurt to try).
Call the Bar Association in that county in Maryland.

Do find someone quickly and move into court pronto.

If you can't find someone, as an act of last desperation, file a Petition To Set Aside Judgment with notation 'active duty military - default Judgment'. You have to file it in Maryland (you can file by mail), but you'd have to go back for the hearing date. Even if the form isn't technically correct, it just has to get on that Judge's calendar for consideration.

Let us know what is happening.

Good luck.