Legal Question in Family Law in Florida

improper service on child support case

There are several points but first one involves improper service.

I was separated from my wife for 3 years and dating a girlfriend when this happened. I also had a vasectomy 5 years prior.

A summons for child support was intentionally served for me at my estranged wife's address which I had never and did not match my drivers license or any mail that I had ever received.

Angry wife never told me that my 15 year old son excepted service.

Angry girlfriend did this because I evicted her from my home when I found out she was pregnant and after I had a fertility test (0 sperm count)

Default judgment filed over a year ago.

Is this considered improper service? Can the judgment be vacated? So I can 1. Have paternity determined 2. If mine have arrears recalculated since I make half of what I made before child was born.


Asked on 11/06/08, 10:34 am

1 Answer from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: improper service on child support case

Service sounds proper. It probably could be vacated. Arrears are complicated so maybe. Yes, you have the right to have paternity determined.

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Answered on 11/06/08, 2:17 pm


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