Legal Question in Family Law in Colorado
ex husband got an order to stop maintence without notifying me
hello, my ex husband filled a petition with the el paso county court to stop temporary maintence to myself without notifying me. I never recieved anything that he was doing this. no letters from the court, no copies of the actions filled, no way to appeal or contest this. the only way i found out was by not recieving the monies and going down to the court house and examining my case file. Also, the documents signed by the judge do not list me anywhere on them. my name is no where to be found on any of the court proceedings or documents. what can i do? is this illegal? are the documents null and void?
thank you
1 Answer from Attorneys
Re: ex husband got an order to stop maintence without notifying me
Generally a Court can't take any action on a motion unless the other side has had an opportunity to respond. There could be a couple of explanations regarding your situation - your ex-husband may have told the court that he notified you when in fact he didn't, or he may have told the court he didn't know where you were, or how to find you. In either case, you can go back to court and request that the Judge change the prior Order stopping maintenance so that you may be heard.
There are some ocassions, though, where a Judge can grant relief to a party without notice to another party, but these are very limited situations, and would depend on the individual circumstances of your case, and the documents filed.
I would encourage you to consult with an attorney to review the paperwork you were able to obtain and to determine what rights you have available to you. Without actually reviewing the paperwork, there probably isn't much any attorney can do to advise you about your rights.
Hope this helps!
Christine C. Nierenz, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
