Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney.
Kirk Adams : Thanks for your question.
Kirk Adams : If she alleges that you haven't made your payments as ordered, then it is up to you to prove that you HAVE made those payments.
Kirk Adams : The burden is not on her to prove this because you can't really prove something that didn't happen.....
Kirk Adams : Instead, the court will order you to provide proof - cancelled checks, money orders, cash receipts, etc. to show the payments were made.
Kirk Adams : As for her contacting you before filing, that's not required by law, but most parties do try to reconcile or settle the matter without involving the court. If she didn't do that, it may show that she's a out to get you instead of putting you in a situation like this. However, there's no requirement that she give you notice before filing.
Kirk Adams : There's really nothing you can do to stop the hearing UNLESS you can reach an agreement with your ex.
Kirk Adams : If you were to resolve the matter, the hearing could be called off. However, if that doesn't happen, you will have to appear or you'd be facing another contempt charge and possibly a bench warrant.
Customer: My last question was can I resolve this at the advisement hearing? Such as by providing the proof that these are false alegations?
Kirk Adams : Hi -
Kirk Adams : Yes, you will be allowed to provide proof or testimony to show that these allegations are false.