Legal Question in Family Law in Florida

Being In Default

My attorney had my husband who lives in NJ. served with a divorce petition., by a private investigator.

My husband did not file any response in either court (FL or NJ) in the aloted 21 day time period. Has still not filed a response. He was served back in January 2003.

My attorney just recently sent him a motion of default letter and date of hearing.(By mail)

#1 Can the motion of default be upheld even though it was several months that he was served?

#2 Did the default notice and hearing date need to be ''Severed or was ground mail ok?

#3 By granting a continuance at this point does that make the motion of default null and void?

If Jurisdiction has not been established and at this hearing the judge rules Florida does not have jurisdiction over my NJ husband does the default notice become void?

#4 What is the Florida statue on 24 month retroactive child support once the child reaches 18 years old?

#5 Where can I find case law on retro. child support?

#6 Does NJ. law inforce Florida law if a case has been dismmised from the Florida courts because of jurisdiction reasons, when in the original divorce petition retroactive child support was adressed but does not exist in NJ.?

Please help me

Asked on 7/29/03, 2:39 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay
0 users found helpful
0 attorneys agreed

Re: Being In Default

You are represented by an attorney. It would be improper for any other attorney to answer your questions. You should speak with the attorney you have retained.

Scott R. Jay, Esq.

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8/03/03, 3:14 pm

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