Family Law (Divorce, Family Relations)/Motion of Default
My husband was unresponsive to divorce (attorney to attorney phone call, but never hired her). The motion of default has been approved, but we are in the waiting period to ask for hearing. Property and a child involved. He just didn't respond to be difficult. Will he get a reversal and how are the issues of support custody and property handled? He owns a business and is trying to hide income and avoid support. House has negative equity , mortgage in my name only, but he is still residing in it and will not leave. Stopped paying mortgage and support once he was served. I need sole use of home before he causes my mortgage to default. I am paying daycare by myself.
DISCLAIMER: I AM NOT AN ATTORNEY: I am someone with experience with Family law matters, and can give some directions of what I would do but these are my opinions: I strongly recommend that you get an ATTORNEY who specializes in family law in your immediate county/country.
OK now that a motion of default is filed normally there is a waiting period, six months: Then child support will be based on BOTH your incomes: In your case, if ex does not respond then work with the Department of Health and Social Services or the department that handles Child support enforcement in your county/state: If you need help finding that I can do some research for you: But make sure the case is handled through them. They will find him and do all the work to determine child support.
As far as property is concerned, what ever you came into the marriage with or you owned prior to marriage is your personal property: ANYTHING BOUGHT during the marriage is considered 50/50 property unless something is worked out.
You may want to look into hiring a private investigator to help track down ex, find out where he works, and his income, and current property etc.: Now in some states if child support is part of the final divorce: And ex is responsible for paying it, his wages could be garnished AND in some states failure to pay child support results first in losing his drivers license then it excels from there if he continues to fail to pay support.
Ah..but I just read Mortgage in your name only: Well now it is time to seek out a Professional Attorney to ensure your not stuck with the entire mortgage bill: Since he is living there too..., just read that sorry, then YOU NEED TO HIRE ATTORNEY asap!
Hope this helps,