Legal Question in Family Law in California
My child's father has just had a default judgement made against him for failing to respond to my child support summons. If he moves to have the judgement vacated, and it is, will I stop receiving child support payments until after his new hearing, or will my payments continue as is until the day he's granted a modification/new judgement?... I'm asking because I have a feeling my child's father is going to try to submit a motion to vacant the default judgement, just to drag the case out longer. I have reason to believe he's just basically doing all he can to make things harder for me and to avoid paying up.
1 Answer from Attorneys
Child support payments would stop only if his motion to vacate was granted, and the actual order set aside. Otherwise, he would have to have the court stay execution.