How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Girl Your Own Question

Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
635143
Type Your Family Law Question Here...
Law Girl is online now
A new question is answered every 9 seconds

I need to postpone a child support modification hearing for

Resolved Question:

I need to postpone a child support modification hearing for a valid reason, however before submitting, I want to make sue my reasoning is acceptable to DCSE,this is what I have in mind:
This request is in regards XXXXX XXXXX Modification hearing scheduled for December 3rd 2009 involving this case. I am requesting this hearing be postponed to a later date. My reasoning for this is not only am I having pregnancy complications and will more than likely be ordered bed rest. Also, the non-custodial parent, Mr. Crouse has scheduled surgery conveniently to still be out of work for the court date. He has also informed me that he has a doctors note excusing him from his line of work. If he were to become 100% disabled, it would be awhile for the US Navy to alott his specific monthly funds. To the contrary, he has informed me that he intends to return to his line of work in January after the hearing. I have proof of his intent via voice recording. It is my 100% belief that Mr. Crouse intends toavoid any increase in his child support at any cost. The sad thing is he has viable sources that allow him to do so. I am not sure this will at all work out, unless he returns to work proving he has chosen to disagree with the doctor whom preformed his surgery. All I can do in the place I am in, is hopefully be granted a postponement and wait for im to return to work. Please take these statements into consideration when deciding to grant/deny the postponement. As this is my only option and I do not have the funds to retain counsel.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Girl replied 5 years ago.

Thank you for your question.

 

Ultimately, there are two ways the hearing can be continued: (1) agreement of all interested parties and (2) by court order. If all the parties cannot agree then the court will look at whether the request is reasonable. Although it sounds like you have a good reason to request the continuance, it may be very difficult to obtain one, especially if you are the moving party. To the extent that you ask the court for a continuance, you will have the burden of proving why a continuance is necessary.

 


Please let me know if you have any other questions on this matter or require clarification. Otherwise please hit "ACCEPT" so I may receive credit for my efforts.

 

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

 

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

 

Use of this service does not create any attorney client relationship.

 

You can always request me with beginning your question with "For LawGirl..."

 

 

 

Customer: replied 5 years ago.
Since this is a Division of family services court hearing, regular postoning procedures cannot be considered. This is the state and this hearing is free. A lawyer would take this voice recording and run with it. This is my only chance to get a postponement, and it has to be a good reason. I am in another state, however the hearing can be held via phone, ahould I plead my postponement case useing the corcumstancial evidence of the non-custodial parents intent to avoid an increase at all costs, or use my pregnancy complications as the bases? In other words, what would a judge deem a reasonable excuse for a postponment? Any and all scenerio's would be helpful
Expert:  Law Girl replied 5 years ago.

Your best option is to get all parties and Family Services to agree to the postponement. If that is not an option, then you are left to the whims of what the judge considers to be reasonable. In a situation where a continuance is requested by one party, the court is going to look at whether your ex would be prejudiced if the continuance was granted. For example, if all parties are ready and willing to move forward without you, there may not be a good excuse for the court to move the date out. Having said that, judges are usually sympathetic and reschedule due to situations where unexpected emergencies arise like death. For example, if you had to attend an unexpected funeral that day, then a judge may consider that a valid reason. It really depends on the judge. There are circumstances where a judge will continue a hearing because the moving party ends up in the hospital and then there are other judges who will not consider granting the continuance. So it depends on the history of your case and the judge. There is no hard and fast rule.

Customer: replied 5 years ago.
I am sorry to bother you again and repeat myself, but is the judge more likely to grant the continuance based on my knowledge of the other parent's plan to decieve and conspire a way out of an increase or am I better off getting my doctor to claim the stress of the hearing could cause uneccessary complications to my already omplicated pregnancy? Or can I get by with just my explaination of a complicated pregnancy and wanting to avoid stressing. I understand this is just a proffessional opinion
Expert:  Law Girl replied 5 years ago.

If you plan to introduce the evidence of the other parent's plan to deceive and conspire, then that will need to be done either through motion work or a hearing. Your ex will then have a chance to respond. It is unlikely that the judge will consider this information in a vacuum without giving your ex the chance to respond.

 

It is possible that the court will consider the stress of the hearing; however, the judge will then wonder why you decided to seek an increase in modification if you could not attend the hearing. However, in making the determination, the court will consider the imposition and prejudice a continuance will have on the other parties involved.

 

Given what I know of the situation, it is possible that the parties will not agree to continue this out. (If you can get the Department to agree to the continuance, then that increases the likelihood that the judge will grant the continuance.) However, if the parties do not agree, the judge may not be inclined to continue the matter and will ask the parties to show up for the hearing. If you produce your evidence, then your ex will be given the chance to respond. If the court feels that your ex is trying to pull one over on the court, then the court may be inclined to just grant the motion for increased support to save the court time and to prevent the parties from having to come back.

 

Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience: I have a law practice that is largely dedicated to family law matters.
Law Girl and 8 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Law Girl
Law Girl
Founder
955 Satisfied Customers
I have a law practice that is largely dedicated to family law matters.