Family Law (Divorce, Family Relations)/Parenting plan/ motion for default
My ex has petitioned to change our parenting plan to get full custody of our two boys, as well as a raise in child support. She has no valid claims against my having the children according to our current plan. I pay court ordered support every month without fail. I didn't respond to her petition within the 20 days due to shock of her sudden requests as well as personal things I was dealing with at the time. She has now filed a motion for default. What can I do to overturn that? Also, what are the chances she will get full custody and more child support based on a promotion I received at work? I cannot afford a lawyer, but she does have one.
Hi Jorma, you will need to file a Motion to Set Aside the Default and attach a copy of the Answer you would like to file in response to her Petition for Modification. The Motion to Set Aside the Default must state why you did not or could not file your Answer when due. Once filed you will need to contact the court judicial assistant to schedule a hearing upon your motion.
Without knowing more I cannot advise you of her chances of success. However, if your promotion has increased your income and/or changed your ability to exercise the time sharing as contemplated under the final judgment then she may have standing to bring the modification action.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401