Legal Question in Family Law in California
My ex has additional child support payments that were not included in my original documentation presented to the Court. Since the EX did not respond to the Court, a default judgment on this arrears only case. After several months, EX now wants another hearing and served me an Order to Show Cause in order to verify the total amount due and to obtain credit for many additonal checks that were not included in my original documentation (do my poor record keeping).
Some of these were made payable to CASH, thus, I do want verify that I actually cashed the checks, otherwise, I have no reason not to include the additional checks. Can I request to see the original checks in order to verify these checks before the hearing, if the EX does not want to cooperate i.e. force me to attend a hearing.
Do I really need an attorney to help me with this simple matter or would the Court facilitator be sufficent.
1 Answer from Attorneys
Arrears calculations are never a simple matter; neither is the issue of setting aside a judgment. Your EX may not be successful in setting aside the judgment. You will need to do discovery and you will need to ask for an evidentiary hearing, if and only if your EX is successful in setting aside the judgment, which he may not be. However, if you did not use an attorney to get the judgment, you might actually be better off if the judgment is set aside; you might get an even bigger judgment.
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