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court soon and he wasn't served

Started by balleros, Jan 16, 2014, 07:50:06 AM

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balleros

I filed for a child support modification to include shared childcare and shared medical expenses. The court date is Feb 5 and he wasn't served yet. I know he wasn't served because he has been texting me and he has not mentioned it at all. He is the kind of person who would get furious about something like this so I am positive he doesnt know yet.
Can the Los Angeles court change the date? can they still see me and my financial statement without him showing up?
I am taking time off work and I'd hate to go again and again and again

ocean

Call the family court and ask when his letter was sent out. You usually get a copy too in the mail at the same time. In my state, it just has to be mailed to him from the courts, not in person served. If he does not show up for any reason , it will be postponed and they will try to serve him in person (second step). Family court usually takes a few times, once a month to get settled. If you have a certain day off or can do morning or afternoon, ask to have it switched for the next date, they usually will do that when judge asks what day is better for you.



balleros

I didn't received anything in the mail as I went to court directly and I completed everything with the free court facilitator.They told me they were notifying him.I don't have days off and if we need to postpone it, I will have to push it until Easter week

ocean

Not exactly how it works to be prepared. It usually gets pushed off for 3-4 weeks each time here. If he shows up first time, they "may" get into it a little but it will be a hearing not a trial. If it goes to trial, it will take another 1-2 times at the very least. If you can not show up for next date, it may be dropped and you have to start again. Easter is far off and they may not allow it to postpone that long...

You will have to see his finances verses yours to see what percentages the daycare and activities should be split. Bring receipts with you of the daycare and activities costs. Daycare should be split if you are working during that time, if dad is available he can get more parenting time for the times he can watch child. Activities, it really depends and should be split reasonable. Some parents sign each child up for a few activities at a time and it gets expensive. Maybe offer to spit one activity per season for the child. This way you both can plan on the costs involved. If he pays, then he gets tickets to the dance recital, able to go to all sporting games no matter if it is his parenting day....

Have you asked him in writing if he would share these costs? Maybe send him a registered letter with the amounts for daycare and activities and see what he can offer to help. If it is not court ordered, as you know he is not obligated to pay. Hopefully you can work out an amount so you can just go in and input it into a court order. Or a phone call may go over better and say before you get it in the mail, can we talk about this so it is just one day in court for both of us, I need help with xx daycare....Good luck!