can i dismiss or set aside a 1996 default order of support?at that time i believe the court lacked personal jurisdiction[ court placed me under jurisdiction in 2004 when i motion case to court].dcfs i s still calculating arrears from 1996 order that was set at 200% of net income whice has left a huge arrearage.
1 Answer from Attorneys
You submitted to the court's jurisdiction in 2004 according to your statement. While the lack of personal jurisdiction can not be waived, you waiting 8 years to raise the issue may bar you from raising it now. The calculation of the support is not a basis for objection. If you were properly served, the issue is done, If you were not, if it is a parentage case, they may be entitled to a retroactive order to birth.. So while you may win a battle , you could lose the war.