US Soldier needs help

[US Soldier]

Response

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

No I didn't know that I needed to file a notice of relocation, being that I thought the case was a dead issue. I was just planning to re file for divorce once I got settled in Florida.

 

[garrula lingua]

This California form contains all the necessary info most state courts would require in order to hear a Set-Aside Motion re child support. Add in the requested set-aside of any custody orders.
http://www.courtinfo.ca.gov/forms/documents/fl360.pdf

If you can't get a lawyer to help, tweek this form - delete California, put in the state where the divorce occurred and note the proper county name and case number.

Tweek the title to read 'Set-Aside of both child custody and child support' or something else more suitable to the relief you are requesting.

Explain your problem succinctly, but include all dates. If true, point out that you did not receive notice of the final hearing (but, did you give ex your new address ?). Attach a copy of anything which helps explain the facts you are stating (including, if applicable, a copy of your orders)

Be careful that everything you state is 100% accurate - no mistakes.

If true, write 'Active Duty Military - (?Army/Navy/Marine,whichever)' on the top of form.

Good luck.

 

[US Soldier]

Thanks

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.

I truly appreciate this information and advice. I will get on this immediately. Thanks again!