Legal Question in Family Law in Florida
next action?
I sent my ex a supplemental petition for modification of alimony because she got remarried. obviously i want the alimony terminated. she sent me a counter petition saying that i am in arrears by 7 months. however, she didnt file this paperwork with the clerk of court. i want to no what my next action should be. do i file a defualt because the courts didnt get anything or do i file an answer to her counter petition because i did get her counter petition? if you could get back with me ASAP it would be appreciated.
1 Answer from Attorneys
Re: next action?
This response is intended for informational and educational purposes only. Sound legal advice can only be given after a full review of your case and all issues surrounding it.
If a party does not file a response to a petition with the Clerk of Courts within the proscribed time period, the person who filed the petition is entitled to a Default Judgment. However, there are instances where a person who has had a Default Judgment entered against them can have that judgment lifted. The fact pattern you describe appears to be one of those cases. If you ask for a Default Judgment, you will probably get one; however, since she sent you an answer, and since it sounds like she is acting Pro Se, she can probably have that judgment lifted, and you will look like the party acting in bad faith.
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