Soc, could you clarify a term for me please?

[MissouriGal]

What exactly is an "Entry of Appearance", and by signing one what is an individual saying to the court?

Thanks so much!

[socrateaser]

Due process requires that all parties to a action in court are provided notice and opportunity to "appear" and defend.

By submitting an entry of appearance, you are telling the court, "I don't have anything to tell the court or the other parties to the case, at this particular moment, but I'm notified of the pending judicial action, I submit to the court's jurisdiction in this matter, and I'm here to defend my interests if and when I believe it necessary."

[MissouriGal]

Thanks so much for the clarification. (And so fast too!)

Based on what you stated though, I have a few more questions if you don't mind?

DH filed for CS modification in January 2003. No, that's not a typo. 15 months ago. Won't bore you with the details of why it's taken so long.

On March 16th, DH got mail from the AG office attorney that's handling the modification process. It's a CSE case.

In this mail, was the verified motion to modify that the Attorney submitted to the court, and a Notice of Entry of Appearance that DH was instructed to sign and return within 10 days or else the case would be dropped. He did so.

Missouri has a website (case.net) that you can check online to see if anything has been filed, who was served, etc. Basically, anything you can find out if you take the time to go to the courthouse, only it's online.

On case.net I looked up DH's case to see if anything had been filed with the court yet. On March 31st, the AG attorney filed the motion to modify, the financials of my DH, and the the Entry of Appearance. Also on this date, a summons was issued. The summons was personally served on DH's ex on April 2nd at her place of employment. DH has not been issued a summons, been served, nor received notice of anything.

1.) Does the Entry of Appearance nullify DH being served in this case?
2.) If so, will he still receive notice of the hearing date (if any) at all?
3.) If it doesn't nullify the need for him to be served, should he or I contact the court and inquire about service?
4.) No court date is showing on the docket entries for the case on case.net. Should he call and inquire about this himself?

DH wants to appear at the hearing, because of some discrepancies on prior financials submitted by his ex. She stated she pays daycare costs, and they took that at face value and figured it into the Form 14 without proof. She does not pay daycare costs, and if she's trying to claim that now, he wants to dispute it.

Also, his ex has 2 jobs. She told him about a month ago that she was no longer working at the second job. However... the job that she was personally served at IS the second job that she told him she was no longer at. If she claimed her income only from one job, he wants to dispute this as well.

5.) As DH is pro se in this action, can he request access to HER financial information?

And finally....

6.) What is the best way for DH to ensure that he is informed of the hearing date and receives due process?

At the last modification in 1999, DH was not served notice of the hearing, not able to defend himself, and got royally screwed when the CS amount was set by the judge. It was technically a default judgment. He doesn't want that to happen once again.

Thanking you in advance for taking the time out of your holiday to answer. :*

[socrateaser]

facts first -- numbered questions at the bottom.

[MissouriGal]

Dang, the smoochie face didn't work, huh? LOL

OK.

DH filed for CS modification in January 2003. No, that's not a typo. 15 months ago. Won't bore you with the details of why it's taken so long.

On March 16th, DH got mail from the AG office attorney that's handling the modification process. It's a CSE case.

In this mail, was the verified motion to modify that the Attorney submitted to the court, and a Notice of Entry of Appearance that DH was instructed to sign and return within 10 days or else the case would be dropped. He did so.

Missouri has a website (case.net) that you can check online to see if anything has been filed, who was served, etc. Basically, anything you can find out if you take the time to go to the courthouse, only it's online.

On case.net I looked up DH's case to see if anything had been filed with the court yet. On March 31st, the AG attorney filed the motion to modify, the financials of my DH, and the the Entry of Appearance. Also on this date, a summons was issued. The summons was personally served on DH's ex on April 2nd at her place of employment. DH has not been issued a summons, been served, nor received notice of anything.

DH wants to appear at the hearing, because of some discrepancies on prior financials submitted by his ex. She stated she pays daycare costs, and they took that at face value and figured it into the Form 14 without proof. She does not pay daycare costs, and if she's trying to claim that now, he wants to dispute it.

Also, his ex has 2 jobs. She told him about a month ago that she was no longer working at the second job. However... the job that she was personally served at IS the second job that she told him she was no longer at. If she claimed her income only from one job, he wants to dispute this as well.

And finally....

At the last modification in 1999, DH was not served notice of the hearing, not able to defend himself, and got royally screwed when the CS amount was set by the judge. It was technically a default judgment. He doesn't want that to happen once again.

1.) Does the Entry of Appearance nullify DH being served in this case?
2.) If so, will he still receive notice of the hearing date (if any) at all?
3.) If it doesn't nullify the need for him to be served, should he or I contact the court and inquire about service?
4.) No court date is showing on the docket entries for the case on case.net. Should he call and inquire about this himself?
5.) As DH is pro se in this action, can he request access to HER financial information?
6.) What is the best way for DH to ensure that he is informed of the hearing date and receives due process?


Hope this is better. :-)

[socrateaser]

>Dang, the smoochie face didn't work, huh? LOL

I only respond to smooches when I can actually feel your lips touching mine, sweetie.


>1.) Does the Entry of Appearance nullify DH being served in
>this case?

Yes.

>2.) If so, will he still receive notice of the hearing date
>(if any) at all?

I would expect that he will. Not sure why he didn't in the past.

>3.) If it doesn't nullify the need for him to be served,
>should he or I contact the court and inquire about service?

N/A

>4.) No court date is showing on the docket entries for the
>case on case.net. Should he call and inquire about this
>himself?

It's not clear to me whether DH is obligor or obligee. The obligee (receiving support payments) is only a witness in a State represented action, and as a witness, there is no reason to notify the obligee on every court action. If DH is obligor, then he is a party and should have notice of hearings. I have no clue why he wasn't notified in the past, but if and when he isn't notified of a hearing, and that hearing takes place, then he should move for a set aside of the default, and a new hearing based that fact.

>5.) As DH is pro se in this action, can he request access to
>HER financial information?

He will probably need to subpoena the information if the other parent is the obligee parent, because witnesses can only be forced to produce via subpoena.

>6.) What is the best way for DH to ensure that he is informed
>of the hearing date and receives due process?

I really don't know. You can send a letter to the AG and copy the court, explaning your past difficulties and ask that you receive timely notice. Then at least you'll have it on the record. But, if they want to screw with you, they can, and your only recourse is an appeal.

[MissouriGal]

Thank you Soc.

DH is the obligor.

They divorced in 1996, and DH was ordered to pay attorney's fees. He wasn't financially able to at the time. In 1999, DH received a postcard from his ex's old attorney telling DH "Get in touch with me by April 1st." That was it. DH didn't get in touch because he assumed if was for non-payment of attorney fees.

The modification hearing was April 2nd 1999. Apparently, this postcard was DH's "notice" because that's the ONLY thing he received. He knew nothing of the court date, was never served a summons, etc. The court papers state, "Respondent (DH) comes not, being duly served...." They upped his CS by over $400 a month that day, and he didn't even know about it until a few weeks later when his ex-wife mentioned it to him and sneered in his face.

Yes, he should have responded to the attorney's post card and didn't. But a postcard does not service make.... at least as far as I know.

Thanks for your time Soc!