Legal Question in Family Law in California
Once you submit paperwork to cover child support in your default judgment package. Do you have to appear before a judge or is your request for child support granted based on the fact that it's a default case/judgment?
2 Answers from Attorneys
It depends on the judge's individual discretion. Some courts require only affidavits, and the judge signs judgments on default in chambers. If he feels your paperwork is inadequate, it gets rejected and mailed back to you with a local form that is a rejection notice, usually specifying the grounds.
Some judges want to hear testimony. In all of the annulment proceedings that I have been involved in, the judge always wanted the non-defaulting party there, because annulments are so rare and the grounds very specific and fact intensive.
Check with the Family Law Facilitator at the county courthouse where your case is on file. They are there to advise you on the local procedures and policies for that kind of thing.
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