Thursday, April 16, 2009

Family Law and Due Process: procedure, procedure

Hovey v. Hovey serves as a reminder that constitutional law has a place in family law. For those wondering why we must get the other side served with a case, here is your explanation:

...Here, no notice was given of the alleged evidentiary hearing. We have previously held that a judgment is without legal efficacy for want of due process if a party was not given notice. Id. at 478-79 (stating that T.R. 41(E) requires an adversarial hearing prior to dismissal necessitating notice and an opportunity to be heard). Therefore, we reverse the trial court’s Order On Proceedings Of April 30, 2008, vacate the trial court’s Orders of March 8, 2006 and July 24, 2006, and remand to the trial court with instructions to hold an evidentiary hearing on Father’s claim that his child support arrearage was wrongly calculated.
Opinion at page 10.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

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