30 days are up

[waitinMd]

What is the name of your state (only U.S. law)? Md

the thirty days to file an answer for my ex are up, what happens now?

She is not living at the address the court has, the last transcript of her most recent hearing says she moved out of state.

 

[Zephyr]

Are you sure she received the original paperwork? do you have a hearing set?

 

[waitinMd]

yes, I'm sure, she was served while in jail. The return of service was from the sheriff's department. There is no hearing date.

 

[Gracie3787]

yes, I'm sure, she was served while in jail. The return of service was from the sheriff's department. There is no hearing date.

Check with your court clerk's office. If it works in your state, like it does in FL, when no response is filed a motion for default can be filed. Usually it allows a hearing date to be set even though the other party has not responded to the petition and summons.

 

[waitinMd]

they send out a bench warrant. Great... like she cares... she's had so many of them.

Then we'll go to court, she'll lie, get what she wants... I won't get support for a year....
SOS....

Why can't I ask to file a motion for default, have a hearing and if she doesn't show, set child support and let arrears build?

 

[waitinMd]

Today I called OCSE and they said don't know anything about my case at all. They have my original paperwork and an OCSE case number from when I opened the CS case. But nothing else.

I went to the courthouse and my custody file, not the OCSE file, has the summons and the paperwork for her being served. The pro-se lady helped me file a motion for default. She said I'd get a hearing. I'm not sure if ex will show or not.

If she shows and if she says she can't work, should I mention all the contempts, FTA's, transcripts of all the times she told the judge she was working, and as a matter of fact at her last hearing, which was a few weeks ago, she told the judge she was working and getting her degree.

I am asking child support be set based on minimum wage and arrears build until she is finished with whatever she is doing out of state right now.

 

[ProSeDadinMD]

File a motion for an order of default.

I haven't been on enough lately to know/remember what you filed for, but if it's within reason(and if memory serves, pretty much everything you've done/filed in the past has been in line with the situation) the court(master or judge, whichever) will grant the motion.

 

[waitinMd]

Thank you ProSe.

I PM'd you, do you have your PM's on?

Her last hearing, she told the judge she "learned her lesson", then she turned around a week later and ignored the answering the summons.....

 

[ProSeDadinMD]

Thank you ProSe.

I PM'd you, do you have your PM's on?

Her last hearing, she told the judge she "learned her lesson", then she turned around a week later and ignored the answering the summons.....

Just responded.

I'd be willing to bet that the judge remembers/rereads what she said.