Judgement, DIY

[adjusterjack]

The few times I've been there they seem to be stuck on insisting I attend a class instead of answering questions.

You missed my point. You aren't going there to ask questions, you are going there to review the entire case file. It will either be in a file folder with lots of paper documents, or on their computer. Either way, buy a complete duplicate of all the pages in the case file, for whatever fee they charge for copying, and you bring it home where you can study it page by page.

That the judgment came as a surprise to you suggests that you may not have been served the petition, which may be one more reason to have the judgment set aside.

You won't know what happened until you can review everything that happened. Your enemy certainly has copies of everything which puts your enemy at a tremendous advantage.

 

[rodzilla]

Tuesday evening to Thursday evening is 2 nights a week. Even if you count the days, you're looking at two days a week. Yours was/is not the primary residence of the child and you are not entitled to claim the child on your taxes.

2 nights a week and every other weekend. I think that last part was accidentally deleted. So my schedule was: Tuesday 7:30pm - Thursday 7:30pm, Friday 7:30pm - Sunday 5pm for my weekend. Then Tuesday 7:30pm - Thursday 7:30pm the following week.

 

[Zigner]

2 nights a week and every other weekend. I think that last part was accidentally deleted. So my schedule was: Tuesday 7:30pm - Thursday 7:30pm, Friday 7:30pm - Sunday 5pm for my weekend. Then Tuesday 7:30pm - Thursday 7:30pm the following week.

12 nights a month is 40% of the time. Your ex's claim of 60% is spot-on

 

[rodzilla]

According to court records, here is the chain of events

1. 11/28/22: Declaration
   
2. 11/28/22: Family Law Case Cover sheet
3. 11/28/22: Notice - Case Assignment
4. 11/28/22: Order - Financial Information (FAM 111)
5. 11/28/22: Petition - Determine Parental Relationship
6. 11/28/22: Summons
7. 12/22/22: Proof of Service of Summons
8. 12/27/22: Proof of Service - Mail
9. 1/10/23: Request - Enter Default
10. 1/12/23: Declaration - Default or Uncontested Judgement FL230
11. 1/12/23: Proposed Judgement - FL 190 - Notice of Entry
    
12. 1/12/23: Proposed Judgement - FL 250 - Parentage
13. 1/13/23: Rejected Proposed Order - Judgement
    
14. 1/13/23: Rejected Proposed Order - Notice of Entry
    
15. 1/17/23: Proposed Judgement - FL 190 - Notice of Entry
16. 1/17/23: Proposed Judgement FL 250 - Parentage
17. 1/19/23: Judgement - Parentage - Custody and Support FL-250
18. 1/19/23: Notice - Entry of Judgement
19. 1/19/23: Substitution of Attorney

The only thing the court had recorded from me was #8. I sent my reply to the respondant and lawyer but missed a step or 2. I still want my side to be heard and I think I have a decent case. Which is more effective?

1. Requests to Set Aside an Order in a Family Law
2. Notice of Motion to Vacate Judgment and Declaration (Small Claims)

In the meantime, I'm waiting to hear back from some attorneys.

 

[adjusterjack]

The case is in family court. Option 1 makes more sense to me. You're not in small claims court.

 

[Zigner]

Why are you so reluctant to actually LOOK at the file?

 

[rodzilla]

Why are you so reluctant to actually LOOK at the file?

By file, do you mean the case? What do you mean by file? I have looked at it and I have copies of most of the documents. I have since met with 1 lawyer that suggested 2 options:

1. Meet with the x and see if we can come to an agreement and put the money that would be used in laywer fees towards a savings account
2. Pursue a motion to vacate the the default / judgement.

I'm waiting for the x's decision and ready to move forward with a lawyer.