How to Appeal a Child Support Judgement

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thischick

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I currently live in the state of Alabama and my daughter's father lives in the state of California. When I left my daughter's father 6 years ago, I went to a domestic violence shelter and obtained a restraining order where child custody and support were ordered and received some government assistance. After I got out of the shelter in 2006 I moved to Alabama around my family because I didn't have any in California. I have not ever received any child support and have not had contact with my daughter's fatehr. At the beginning on February 2011 I received a court order to appear in court in California because my daughter's father had issued an order stating that he wanted to vacate the judgement because he was improperly served. In the paperwork I received, it looks like he was supposedly served at the beginning of 2006 at my mother's house in Texas and my brother supposedly signed for his papers, when my brother was living in Alabama on the date of the service. None of this makes sense to me. Anyways, today was the telephonic court date and he was granted his motion to vacate the judgement. The judge told me that he will be served today in court and that I would not be receiving child support for the past 5 years. I want to appeal this judgement because this is ridiculous. I am being punished because someone didn't do their job right. I have contacted the Orange Courty child support services over 20 times within the past 5 years to provide them every address I was able to obtain for my daughter's father. Everytime that I called them, they told me that he has not been found to be served. I am not sure why they were telling me that for 5 years that he hasn't been served if he was supposedly served at the beginning of 2006.

I am looking for an attorney who can help me appeal this judgement that was granted today. I have contacted free legal services in CA and they won't assist me because I am not a CA residence. I have contacted free legal services in AL, but they won't help me because the courts are in CA. At this point, I don't know what to do, so I am really in need of some advice because this is just wrong and I don't understand how he can get out of paying me child support becasue of someone else's error. I also do not have the money to fly out to CA to retain a lawyer to file a motion and then to turn back around in a month to go back out there for the court hearing. I am a young (under 25) single mother who works two jobs and goes to school full-time with no help from anyone, unless I pay them, so I just don't know what to do. I have said some prayers, so maybe someone can help me.

Thank you for taking your time to read this and to reply.
 
Your appeal must be in a California appellate court.

No Alabama court has jurisdiction.

You need to engage a California attorney.
 
Thank you for your response. I understand that I have to appeal it in CA and cannot in AL since CA has jurisdiction.

I have tried calling a CA attorney and the ones that I have spoken to will not take my case because I am not a CA resident.

I am not sure where you are located, but do you by chance know a good lawyer in CA who may take my case? I want to find a lawyer out here via phone before I fly to CA, that way I will only have to fly to CA to file the appeal and then again to go to the court dates.

I cannot afford to take a lot of time off of work because I just took off two weeks for my daughter's surgery a week ago. Oh, and how long to I have to file an appeal?

Also another option that I am thinking about, do know if there is any way that I can have everything transferred to AL since my daughter and I have been residents of AL for almost 5 years, her father has never seen my daughter since I left him because he had a knife up to my throat while I was holding my 2 month old daughter and since the old order was thrown out today if I do not appeal the judgment?
 
It couldn't hurt you to speak with a couple of Alabama lawyers about all of this. The initial consultation is often free of charge. There might be an option or two available in Alabama.

This forum offers a referral service for lawyers. I'm sure you can find a couple of good domestic relations
attorneys out of California.

Why not call the California State Bar Association? They can provide you with the names of a couple California lawyers that might be able to assist you.
 
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