Orange County Divorce Lawyer: Setting Aside a Default Judgment
Imagine if one day you were suddenly served with a Wage Assignment garnishing your wages for $500 per month in child support, not ever having been served with a Judgment or even a Petition requesting child support. You know that you had a child with your ex-boyfriend/girlfriend but never thought he/she would file a request for child support. Indeed, you later find out that a default judgment ordering you to pay $500 per month in child support was filed with the court 6 months ago. What would you do to fight it knowing that you were never served with the initial Petition.
One way to fight the Wage Assignment would be to file a Motion to Set Aside the default Judgment.
Pursuant to California Code of Civil Procedure section 473.5. (a), it states in pertinent part:
"[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered."
If the default judgment is indeed set aside pursuant to 473.5, it is important to request that all child support arrears accumulated to date be suspended and dismissed (after all the Judgment would not be enforceable in light of the improper service). Additionally, the existing child support order in place must also be suspended because there is no valid judgment in place.
This is just one way to handle this scenario. Of course, each case will differ from person to person. Contact an Orange County divorce lawyer for more information or if you have questions on filing a dissolution of marriage action in Los Angeles or Orange County.
