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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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if my boyfriend has been subpoenaed to court for child support

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if my boyfriend has been subpoenaed to court for child support and he was served two day before the hearing and cannot get off work, what are his options? He suggested I go to say he could not get off work. thanks for your answer
Dear JACUSTOMER - You cannot speak on his behalf in court unless you are an attorney. All he can do is contact the court and ask for a continuance of the hearing based on the short notice and the fact that he cannot get off work on that date since he did not have sufficient notice. Generally an employer would have to allow an employee to take off work if there is a court subpoena so I question whether the employer has a right to deny him the time off so long as there is a valid subpoena from the court. In any event, he should ask the court for a continuance of the hearing date due to insufficient notice. If the court refuses and he cannot attend then his only option will be to appeal any adverse judgment from the court. If the court has his correct income figures then the child support will be calculated according to the court guidelines and there will be nothing to appeal or to argue about.
Customer: replied 4 years ago.

can you call for continuance

I cannot represent clients from this website so I am not permitted to contact any court on behalf of our customers. We are here for general information purposes to answer legal questions but we are not permitted to actually work on cases or contact courts. If he does not honor a subpoena he could be arrested so it would be wise to tell his employer he must attend the court hearing or be subject to arrest. His only other option is to contact the court himself and explain his situation.
Customer: replied 4 years ago.

I was not asking you to call, that was a general question. just wanted to verify that he could call the court and request a later court date

Sorry - yes he can call but I can't guarantee you that the court will agree. That's why I said in my first answer that he may have to appeal the ruling. Theoretically he could also be held in contempt of court for not appearing so he needs to be careful. He really needs to talk to his employer and explain the problem.
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