Legal Question in Family Law in California

Temp. Child Support order without any documentation

I have been recently notified by my x that a temp order for child support had been placed, without me being present in court because I was gone doing a mission for home land security. I had called the court prior to leaving to tell them I could not be present for court because I had orders to leave. Prior to that the judge advised my x that I was protected under military law when I was missions for home land defense because of our country is in war status. I have not received any court documents showing that there was a temp order for child support only my x word. Can this be possible. The x says I owe $400.00 a month since October of this year? How do I find out the status? Is it possible the judge was not notified by the court clerk why I could not be present in court and she showed up knowing I would not be there? Should I have received something in the Mail? Can I really be made to pay back to Oct. since she just informed me on Thanksgiving day. Please help

JT


Asked on 12/12/03, 9:27 am

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Temp. Child Support order without any documentation

I suggest that you go to the courthouse and check the court file. If there are orders or pleadings filed, puchase a copy of all documents in the file, and consult with an experienced family law lawyer immediately. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/12/03, 10:04 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Temp. Child Support order without any documentation

If you were on active military duty, there is a federal code section that provides some protection to individuals on active duty with the military. You can find the code section on the form requesting the entry of a default. This section provides for setting aside the judgment, or is this case child support order.

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Answered on 12/12/03, 11:29 pm


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