My ex filed his answer to my supplemental petition more than 20 days after he was served. I already noticed the court for a final hearing. Is he barred from answering? What will the court do?
5 Answers from Attorneys
The court will ignore this error and decide the matter on the merits.
The court will decide the case at the hearing,
Most Judges allow a liberal grace period for an answer. I would speculate the case will proceed with no sanction against the other party.
If you had not asked the court to enter a default against him, it is most likely that he will be allowed to present his side of the case at the final hearing.
From the facts you presented it seems like you didn't file a Motion for Default so he will be allowed to present his side of the case at the final hearing.