Legal Question in Family Law in Pennsylvania
Legality of judgement when defendant was not notified of hearing.
Is a judgement issued by the Pa court of common appeals in a child support case legal if no attempt was made to notify the defendant that an action was initiated, or that a hearing would be scheduled by the court? Wouldn't such defendant have been denied of due process by not having been given the opportunity to appear on his own behalf? What recourse by the defendant would there be in such a situation? Thank you.
1 Answer from Attorneys
Pennsylvania Support Order In the Absence of Notice
The judgement would have to be challenged incourt. A petition should be filed with the Court to modify the Order. There must be somecertification on record that notice was give.I suggest you obtain counsel to challenge theOrder. A obligation to pay support exists. Youmight want to ask legal counsel if the orderis fair based upon certain guidlines that thesupport order was based upon. The income of theparties is the key factor. How could a courtmake an order not knowing a party's income. If the court's assumption was too high it certainly is subject to review. If the estimateof your income was too low a court review might increase the support order. A carefuland full evaluation should be made. I suspectthat the facts that you believe to be true maybe inaccurate. Get legal counsel.
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