Question about default judgement.

cantalopes24

I had to file for a change in visitation and CS modification recently for my oldest child. His father is intentionally impoverishing himself to try to lower his support amount, which is already below what it should be but we made a deal previously that I would take a lower amount until he was off unemployment and working in exchange for me getting sole physical and legal custody. He found a well paying job but immediately lost it as soon as the issue of CS came up. He has not retained a new lawyer (his lawyer removed himself due to my ex not paying and lying/not contacting him in order to be able to represent my ex properly) even though he was ordered to by the judge. It's now been 30 days with no answer from my ex and my lawyer is filing a motion for a default judgement. Does anyone know how this works? And will I be able to get a garnishment and back support judgement now? I live in Maryland. My lawyer is out of the office and I wasn't thinking to ask him when we last spoke. I emailed him but I thought you lovely ladies may know. 

FyreFlyeRush

For me it meant I got whatever I wanted. However, TX is ONLY wage garnishment, so IDK how other states work. 

ashleyann331

The way it was explained to me is that if he continues to basically ignore the court then whatever you ask for will be granted within reason. As for his amount of child support he has to pay, it will be low if hes on unemployment (sounds like he knows that and thats why hes avoiding getting an actual job) I would do a little investigating and find out if you can if hes out buying things he doesn't need or paying for big ticket items, yes it might feel like your fighting dirty but don't let him get away with not paying just because he doesn't want to. Also, only communicate with him through your lawyer that way he can't try to make under the table deals with you.

cantalopes24

ashleyann331:

The way it was explained to me is that if he continues to basically ignore the court then whatever you ask for will be granted within reason. As for his amount of child support he has to pay, it will be low if hes on unemployment (sounds like he knows that and thats why hes avoiding getting an actual job) I would do a little investigating and find out if you can if hes out buying things he doesn't need or paying for big ticket items, yes it might feel like your fighting dirty but don't let him get away with not paying just because he doesn't want to. Also, only communicate with him through your lawyer that way he can't try to make under the table deals with you.

I have text messages, FB screenshots, and emails showing that he has bought a new car, buys hundreds of dollars of shoes, and other things. We already have established child support and the existing court order states that it will go up when he gets a job (which he got a job then got fired and is working a lower paying job) so my lawyer filed that he is intentionally working low paying jobs to lower his support amount. I also have proof that he is making money on the side. My lawyer told me the court will base his support amount off of what his earning potential is vs what he's actually making.