Child Support and Suspended Visitation

[chipmunk226]

I live in MD but my orders for child support and custody are in PA.

Yesterday, I filed for emergency relief and it was granted. My son's father's visitation was suspended until we have a hearing for him to show cause on 2/17, this Friday. I already had a request to modify my child support set for 2/14 by way of a telephone conference.

1) Should I request to postpone the child support conference since there may be a substantial change in his amount of visitation in the near future?

2) Would I be able to do it at the time of the conference since this was an emergancy situation and I will be having another hearing just 4 days later that?

3) If no, would I have to withdrawal and reapply for a modification?

4) Or should I go through with the hearing with our current custody order and then refile to modify if there are changes?

Thanks,

[socrateaser]

>1) Should I request to postpone the child support conference
>since there may be a substantial change in his amount of
>visitation in the near future?

Call the judge's clerk and explain the situtation, and ask if the court would like to continue the child support hearing until after the show cause is resolved (or hear both issues on the 17th).

>
>2) Would I be able to do it at the time of the conference
>since this was an emergancy situation and I will be having
>another hearing just 4 days later that?

Since there's so little time before the hearing, I think it's safe to just explain on the phone and let the judge decide.

>3) If no, would I have to withdrawal and reapply for a
>modification?

No. And, you don't want to withdraw, because that restarts the clock for retroactive modification purposes (unless you expect your support received to be modified downward).

>4) Or should I go through with the hearing with our current
>custody order and then refile to modify if there are changes?

I don't think that the court will require that, because it's a waste of judicial resources. Either call the court Monday and ask if the judge would like to postpone the support hearing, or ask the judge at the beginning of the phone conference.