I received a Request to Default from my wife, I'm not sure what to do or what follows. She filled for divorce and had court regarding child support. What should I do? Judge ordered a certain amount deductible from my pay check but nothing has been withdrawn yet. I'm really confused and willing to comply.
3 Answers from Attorneys
So then there's no problem. Comply and pay your child support as ordered by the judge.
If you have been ordered to pay child support, you are liable for the monthly amount, even if there is no withholding order submitted to your employer. If your wife has taken your default, what follows is a judgement of divorce. Before the judgement, the court may require your wife to go to court for a prove up hearing to determine if everything is above board. You may want to attend this hearing to give evidence in case your wife is trying to take advantage. Plug your case number into the court web site http://www.lasuperiorcourt.org/. in the family law section for a better idea of what is going on.
You need to talk to a family lawyer, in person. It sounds as though you have defaulted, which means you have failed to respond to a summons and divorce petition. That lawyer is going to want to see the paperwork that has been filed against you, and talk to you about what you want and whether it is fair.