My exhusband is taking me to court to reduce child support and make me pay to fly our daughter to visit him, because we moved to Florida from Texas, although he already lived over 400 miles away. I was without a job for 5 months and working on commission and thought that I would have the money to fly to Texas for the court hearing and pay my attorney. The commissioned job was pushed to the 4th quarter and I don't have the money to retain my attorney or fly to Texas. I spoke with my ex's attorney to try and move the date until I can afford to go, but they won't. Now it's 2 days away from the hearing and I don't know what to do.
State/Country relating to question: Texas
Called the court who told me to call my ex's attorney. I did that and they refused to move the date.
Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.If your ex's attorney will not agree then you can file a motion with the court to get the judge to agree to move the date or allow you to appear by phone.
Practicing attorney for 10 years
First of all, thank you for responding. How do I go about filing a motion with the court? Our court date is in 2 days.
You are welcome You draft a written document that you title motion to continue and then you explain in your motion why you need the court date changed. You can ask that if the court can not change the date you would request to appear by phone, if this is something you would be willing to do. You fax it to the court's clerk who will give it to the judge to rule on.legaleagle41086.7394357292
Is this something that can be done within that 2 day timeframe?
Yes if you draft and fax it today. The judge may have a phone hearing to ask why you did not file your request sooner but you can explain that you were trying to get agreement from your ex's attorney and that they would not work with you.
I drafted a motion & then found out that the court doesn't have a fax. You have to drop it by or by regular mail! I do appreciate your help though
Sorry about that. It is very unusual that they do not have a fax. You can overnight it.
I thought the same thing, especially in the day & age. Everything we do is pretty much done electronically now. Once again, thank you for your help...it's been great appreciated....Jennifer
You are welcome and I wish you the best.
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