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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.
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I need to postpone a child support modification hearing for

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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: 6 years ago.
Category: Family Law
Expert:  Law Girl replied 6 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.


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Customer: replied 6 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 6 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 6 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 6 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.
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