I would like to appeal a child support ruling.
My ex-wife receive an uncontested divorce from me several years ago because I was never notified of the trial and thus never received an opportunity to speak to the judge.
As part of the divorce, I was ordered to pay child support. Can I appeal this child support order since I do not think it was fair to enter a judgment against me when I wasn’t there?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
I would go to the records department at your courthouse and see how they claimed to have served you. The type of service may have an impact in this case. Also, have you been paying child support since the order was issued several years ago? If so, why are you waiting so long to contest the issue?
Further, you state that the divorce was uncontested, but how was the divorce uncontested if you were not a part of the trial or given notice? Typically an uncontested divorce means that the parties are in agreement on all the issues and each one signs off on the order.
How Much Should You Be Paying?
If this was a default order (meaning without your agreement or appearance after proper notice was given) then where I practice you have four years to appeal it from the date you were given actual notice of the entry of the order.
I would not waste anymore time if you do want to try to overturn the child support order.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction for legal advice on divorce and child support.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including San Antonio Divorce Lawyer Amanda L. Clepper, please contact Cordell & Cordell.