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Author Topic: Court question- winning by "default"  (Read 1792 times)

chorichori

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Court question- winning by "default"
« on: Jan 13, 2007, 07:17:27 PM »
Hi all-  I'm the nervous Oregon grandma with another set of circumstances and a question.
Our son's attorney told him just yesterday that since exgirlfriend ignored the paternity papers that were served to her, that he is the father by defaut-  and he doesn't need a paternity test unless he chooses to.  She didn't contest it, just threw them in the trash.  
Is it possible to win in court by defaut??  

Then, exgirlfriend calls him today, saying that she got papers in the mail from State of Oregon,saying that he has to have a blood test, and that he has to pay child support to the tune of $675/per month for their daughter. My jaw just dropped, let me tell you, considering that he earns only $14/hour-  and so does she, but she has 3 nonjoints as well.

They have a hearing just for the temporary orders in early Feb, just to tell you where things are right now-- just beginning.  She also says she won't go to mediation or even discuss visitation.  My gosh, what do you do with someone so uncooperative??

Seems like he also would get some notification if this were true.  I smell a fish. Or a rat.



mistoffolees

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RE: Court question- winning by
« Reply #1 on: Jan 13, 2007, 07:50:38 PM »
A lot of it sounds fishy.

First, it seems odd that they wanted a paternity test, but then dropped it when she wouldn't do it. However, I guess it's possible.

Second, I don't see any way that they'd notify her of CS without notifying him.

Finally, I can't see how she'd be awarded child support at all when the temporary hearing hasn't even occurred.

If she's unwilling to discuss visitation, I'd file for an immediate emergency hearing on visitation. In fact, if sh's that unstable, you might even file for custody on the basis that she's unfit because she refuses to allow your son to see the child.

Your attorney can straighten it out, but you'll probably start by asking her for a copy of all the documents she claims to have.

You might also go to the Socrateaser board. However, he won't respond to you - your son is the one who would need to post.

Oh, and $675 per month doesn't seem that far out of the question since he's making over $28 K per year. Maybe a little high, but not that bad. You can look up the child support calculator for Oregon online to check it.

Good luck.

notnew

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Deafult - tricky process
« Reply #2 on: Jan 15, 2007, 09:32:13 AM »
Your son's attorney is not being straight with you.

When the opposing party fails to respond in the given amount of time, you must file a motion for default. Then the court decided if the other party is in default and SCHEDULES ANOTHER HEARING for the parties to attend to settle the issue. Now how that = winning is beyond me.

I got an order of default against my ex for a use and possession issue of a vehicle. They scheduled a hearing and my ex showed so we settled there at court that day, but in fact had we not of settled that day, a trial date would have been scheduled. SO, in my opininon, the default really doesn't mean anything unless the other party doesn't show I believe.

As for the paternity test and cs figures  his ex GF is claiming. IGNORE HER.

Son needs to pursue case with his attorney getting paternity established (he needs to make the attorney realize that he WANTS a paternity test and to pursue the matter), pursue visitation on an emergency basis if necessary and go with the CS the courts award. EX GF is trying to start battles and the court is not happy with agruing parties. Keep it business like and to the point. No arguing. Mistefeeles is right about that and the CS calculations. HOWEVER, note that in my state the CS calculators available on line are not the same program that is used by judges and attorneys. Crock in my opinion, so keep in mind, the figures you come with are a guideline and could vary slightly (in my case recent figures on-line vs. attorney program were about $20 difference (higher CS).

You have got to keep on top of an attorney to keep them focused on what YOUR goals are for YOUR case. They will go off in any direction they want if you don't keep it under control.

Good luck.

 

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