we've got paperwork but

[soon2bstep]

What is the name of your state? fl

we recieved fiance's paperwork today(1-1-08) regarding the divorce in florida...it says he has 20 days to reply, or his wages and assets can be garnished without warning, and that a phone call will not protect him.....the pages his ex's lawyer signed are in spanish, no english, and it also states that she showed her proof of service, but then that july 25 2007, it shows her proof of publication(as she was allegedly unable to find him.....she's always had contact info, as i've said in other posts, we always sent things to him, she always had our numbers, including numbers of family who lived w/in 5 miles of us...i mailed a copy of his final papers from california(which show it was final in dec 2006), along with our proof of service(by a process server who in turn had to use the sheriff's office to catch her, even though her address was good)...along with a statement asking what the hearing is about to the court house where the case is taking place......below is the exact wording of "what" these papers are.....

***comes now the former wife, xxx, by through her undersigned attorney, and hereby files this her supplemental for modification of final judgement of dissolution of marriage and in support there of states the following
1-this court entered a final judgement of final dissolution of marriage on oct 1 2007
2-the former wife filed her petition for disolution of marriage on march 27 2007, at the time of filing the former wife did not know the whereabouts of the former husband
3-an affidavit of diligent search inquiry was filed on june 8 2007, and proof of publication was filed july 25 2007
4-there is on eminor child at issue to wit, xxx, whose DOB is 1 xxx 200x, pursuant to the final judgement of final dissolution of marriage the court reserved jurisdiction on the issues of shared parental responsibility visitation and child support to include retro active child support,
5-former wife has recently located former husband who currently resides in st of tx

former wife seeks an order of the court to establish the former husband's child support obligation for the benefit of the minor child to include retro active child support, and any other relief as this court deems just and proper.

it goes on to show her bills and such, and he's already sent in the letter that he is kindly refusing to sign any such paperwork, as this case has been built based on fraudulent divorces, and a publication that was probably done in her city, knowing he'd been restationed in california(when they were still TOGETHER), back in 2005.....so what else can be done? we found a lawyer who would do paperwork only till the end of the case for 750, but he's unsure if he can get that much this quick.....are any of her "lies" going to affect this case?

 

[Ohiogal]

If the "lies" are not refuted by your boyfriend then yes. And how did he solve the issues of custody/support when the child was not living in CA with him?

 

[soon2bstep]

we spoke to a lawyer today, search continues

the cs/cc/cv was not settled, his son did not meet the residency req's of california...

the lawyer we spoke with check the actual public records on his end, and then here's what we got:

1:her boyfriend sign as witness to her due dilligence search
2:she posted a public notice in a jacksonville paper(knowing he has not resided in jax since jan of 2005)
3:that what she is doing is considered illegal in the state she is in
4:that she is supposed to put the ad in a paper closest to the city which she KNEW he was last residing(which was kentucky after he got out)
5:she is not using true and accurate financial affidavit records(she put her hourly wage, and hours, but she stated her gross income was less than that of actual earnings)
6:it shows she has no car payment, and lists car ins and gas(yet states she has no assets)
7:it states she has 340 in child care, $20 for his gifts on holidays, $20 in clothing each month
8:she states she has no non-reimbursed medical expenses, but no insurance, however the child has been in the hospital twice this year, and has had shots/checkups, but she does not state wether he is on state medical or not.
9:she states she pays 600 in rent, yet the apartment complex is much more expensive, and she states she lives ALONE, and pays all bills.
10:again, that she lives alone and pays all of her and the child's expenses, yet a utility search shows her utilities listed in her boyfriends name.

we did a search of an old address she gave us, is actually a lot number in a neighborhood(we found this by calling around the neighborhood, and were told it is technically considered one of the homeowners "land extension" when he bought his house, he bought the side lot).....the lawyer is too much for us, but he did say we could continuously contact him for information and assistance, and as long as he is in the office not working on another case, he'd help as best as possible.....

what other arguments do we have? the lawyer said to kindly but respectively point all these things out, as well as all the papers we have from last year that were prepared by the JAG @ the navy base in california.....

 

[LdiJ]

This is just a thought, but FL does have jurisdiction to make custody/visitation/child support decisions. You did say that CA declined jurisdiction on those issues.

So, the real issue in this case is that they are already divorced, and whether or not the orders regarding custody/visitation/child support were fair ones. Naturally, the FL divorce itself should be dismissed/vacated, but the rest of the case should not. He does need to get those issues settled.

How much CS was ordered? What is his weekly/biweekly income?

 

[soon2bstep]

there has not been a dollar amt placed, that's supposedly going to take place next week. all we know is that they have given her 12 months retroactive support. we already knew CA couldnt do cc, we declined the cs at that time, b/c we were leaving CA a week later due to his mil separation...the lawyer said that we need a lawyer who will have the whole case thrown out, b/c at this point, he was never properly notified, and since the cc/cs case was brought about by her not following the proper channels, and that she's pretty much trying to convince the court that he abandoned them, that he really needs to have it all thrown out, and then for him to pay the new costs associated with filing for cc and cs...the strange thing, is the papers say the court has allotted 30 minutes for this, b/c they are going to only do the support AMOUNT, since they've already awarded her the retro support(thanks to her stating she couldnt find him, and putting her notice in the paper where SHE lives)