Legal Question in Family Law in California
In original Divorce I was Petitioner. My ex hired a lawyer and is filing for Alimony Modification. They filed with the Court 3 weeks ago and I still have not received paperwork.....how much longer to receive paperwork and in "Response" I become Respondent instead of Petitioner in this action?
4 Answers from Attorneys
No, you're the petitioner. You will always be the petitioner for the case that you filed. So your paperwork would be petitioner's "opposition" or "response" but you do not become the respondent.
1) You should receive notice of modification of an existing order a few weeks before the hearing.
2) You will always be the petitioner. Your ex filled out the paperwork incorrectly.
3) Look your case up at www.occourts.org to get information on the court date.
Regards
Bruce
You are the petitioner and responding party to the motion.
You must receive the paperwork before the court hearing in sufficient time to respond to the motion. I can tell you that I taught a seminar for attorneys and judges on the issue of spousal support (It is not alimony in California, no real difference) and it is a very complex issue. It is a must that you get a consultation with an attorney and be represented on this issue. You can probably get the court to order your ex-husband to pay a portion of your attorney's fees.