Does My Wife Have to Provide Me With Notice of a Pending Action?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My wife supposively filed for back child support. I’m supposed to go to court today. Shouldn’t I have received a summons from the court?

Most states require parties who request an order from the court to provide the opposing party with notice of the hearing for the order (service of process). You mentioned that you have been ordered to appear in court. Did your wife provide you with notice? Depending on your court’s local rules, the court will send a notice of hearing with the time, date, and location. This does not however replace the requirement of service of process (notice by the moving party of an action pending against you). If you fail to appear in court, a judgment may be placed against your interest. Contact an attorney to find out what your legal options.