What happens if my ex asked for a default judgment to be set aside on child support but he didn’t answer the petition against him in the allotted time?
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What happens if my ex asked for a default judgment to be set aside on child support but he didn’t answer the petition against him in the allotted time?
Asked on December 30, 2011 under Family Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is because he did not answer the petition in the allotted time that the default judgement was entered against him. What your ex is now doing is trying to rectify that and vacate the default - set it aside - by a motion, correct? He will then also request to be able to answer the petition, or procedurally that is what he should do. If he has a good enough reason to tell to a Judge it is more than likely that the court will set the default aside and permit him to answer the petition and modify the support agreement by sbmitting evidence in to the court on his income, expenses, etc. Courts prefer that the parties both appear and that a mater is decided on the merits rather than on default. Good luck.
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