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3 hearing for child support tomorrow and a 2 continuance? does this sound right?

Started by balleros, Apr 16, 2014, 03:32:31 PM

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I filed for a child support modification in december based on the fact that child care and out of pocket medical expenses were never factored in. Neither my job or his have changed.He still has no other kids and I was hoping that it was going to be quite simple. First court date: he requested an extension to address this with a 30 m free consultation with an attorney/
Second appointyment is this week. Foutr business days before our hearing, bio dad sent me through his attorny a request to release documents (same documents I was going to take to court) and extend the date to anotjher heating in June as they understand I wont have time to gather my papers. His attorny would not represent him at the hearing. So I would hate to waste time this week, taking a day off work, dropping my son extra early to be at court and paying extra to drop him off earlier and just waste hours to get a new date. I called the court today and they told me I needed to call at 8 am and explained this situation and they would give me a new court date. Does this sound right? I would hate to look bad just because I was given wrong info.

the other question I have is why his attorny is asking for more than what court asks. They want copies of my bank account for the last 24 months. Do they think I have another source of income? I dont have issues getting all those papers but it seems more than what the chuild support agency asks for.The court asks for laast 2 pay stubs.His attorny wants last 6. I dont have money to pay an attorney.Do I have the right to request that he releases the same info he is asking me to release?


Yes, it can take many postponements and take up to a year or more. If the court date is still on, GO. He will have to explain why his lawyer is not there, and you can say, he was given time last time to speak/hire a lawyer.

You could overnight lawyer (with signature) the papers that the courts require you to give ONLY and send short letter "Here are the documents you requested. Your client already postponed the hearing once. I will be at the hearing on xx date. Please let me know if your client wants to settle this without a trial". Then GO.

If you call and change date, then it looks like YOU changed it and not his side. Let his lawyer see if judge agrees to cancel. Call the courts the day before in the afternoon and see if you are still on. Usually, judge will NOT postpone before unless there is a medical situation. That is not to say, that once you get there , most likely nothing will be accomplished unless you agree. Ask for a trial date when you get there and say , taking off of work and sending child to daycare for all these hearings is a hardship, you would like a trial date to settle this. Another hearing in June will just put off trial date if ex is not going to agree or offer a solution.

Also, daycare should be set at the percentage of your salaries. So if he makes about what you make then split it 50/50. BUT if not, then it can be ordered 70/30, 60/40..... Also, deal with taxes and who will get to claim child/expenses.


Well it is very confusing as I have all the papers ready , at least the ones court requested. But his attorney added civil code etc etc if I don't respond to her request . I guess they are trying to lower his monthly support and they want to see all my bank history. I honestly have no other income and no support from anyone else so I'm not worried. But the whole situation is very confusing


Lawyers play games, add a line to your cover page "here are copies of what the courts are asking for at this time, at the hearing we will discuss the need for additional paperwork"

Lawyers get paid by the hour so delaying makes them money. Going to court multiple times equals more money. You will not get into any trouble for not sending them whatever it is they are asking. Just tell judge truth, I sent him the items you asked for and we are here for adding daycare and not changing child support. His lawyer needs to serve you paperwork that he wants a modification of child support if he wants to discuss that part in court. Tell judge, you were not served paperwork about this and you are here at this hearing for your petition of daycare costs.
Good luck!


"out of pocket medical expenses"  Can you please expand on what you're thinking this is?

Different states and jurisdictions handle this differently.


thanks so much for giving me the encouragement I needed to go to the hearing instead of calling to postpone and address it in June as bio dad had requested. This morning court opened even earlier than usual and they had morwe staff working and they all seemed ina  mood to get things done. We were called in, they went through all paperwork.They saw no reason to give bio dad an extension and the child support modification was done: child care added at 50 % and dad was asled to release an address so that medical bills could be send to him requests for reimbursement



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