Legal Question in Family Law in California

what do I do file a motion or OSC

I appeared in 2/24/97 with my wife at the time I filled out form order on order for stipulated agreement. 1,000.00 a month child support, visitation every weekend, joint custody kids live with her.So I started paying support on 2/28/97 and personal handed support to her she signed a receipt.The first and second summons I received was not signed or stamp by the court,the only reason I went that day was she was living in home. I moved out on 2/28/97 to my moms house and got a P.O.box so I had two address but she mailed the second summons to a mutaul friends house knowing I would not get it for a few months. This summons to was not stamped by the court and and on both proof of service the copies I have do not match the ones on file.So she requested to set uncontested matter and enter default on 4/28/97 which I paid her support on that day and she said mentioned nothing.Judgment was entered on 5/13/97 support was 1749.00 a month and once again they mailed it to the same mutaul friend. When I finally received the papers from court it said 1000.00 a month so I paid that and was in good standings until 7/17/97.Thats when she would not accept any more money from me she went to D.A. So as time went on my I received a warrant for my arrest


Asked on 10/17/04, 2:03 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: what do I do file a motion or OSC

You need to get an attorney. You could be in deep trouble, but there are some possibilities for a defense. An attorney will be needed to resolve the problems and give you the best result. You have acted so far without an attorney and you see where it has gotten you. Not everyone needs an attorney, but you do. Good Luck, Pat McCrary

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Answered on 10/18/04, 10:06 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: what do I do file a motion or OSC

The copy of a summons served on the other party is NOT signed by anybody. Why you would wait 7 years to contest service of a summons is beyond me, and the court won't understand either. I don't know whether you would file a "motion" or an "OSC" because you did not say what relief it is you are seeking. My best guess (without knowing more) is that if I were you I would file and personally serve (using a professional process server) an OSC. But do not expect to get anywhere with 7 year old stuff.

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Answered on 10/17/04, 9:37 pm


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