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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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This question is for Socrateaser... I have a hearing on

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This question is for Socrateaser...

I have a hearing on Wed as my ex filed a motion to get out of paying for our kids private school tuition. Last Sat I spoke to him and he agreed to me requesting a continuance due to a work conflict. I filed the continuance last Monday the same day as my support hearing. Ex was not happy with outcome of support hearing and spitefully said he never agreed to a continuance and that he was going to file a response to my continuance and that he would be present at the hearing on Wednesday. 1) My first question is how do I find out if my continuance was granted? It is nearly impossible to get through to the courthouse by phone and I can not take off more time from work for this. 2) I assume I should prepare for court on Wednesday regardless. My question is if I need to file a response to his motion or if I should simply show up for the hearing and be prepared to make my case to the judge?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
1) My first question is how do I find out if my continuance was granted? It is nearly impossible to get through to the courthouse by phone and I can not take off more time from work for this.

A: The only way, other than to appear in person, if you cannot reach a clerk by phone, is through the case index system. The problem is that the system may not be entirely up to date.

That said, I seriously doubt that you would be granted a continuance on motion without a hearing of some sort (telephone, etc.). Usually, with a continuance, where opposing counsel or party consents, you just call the judge's clerk, tell him/her that the other party has consented to a continuance, and try to get a new hearing date (which you also work out with the other party/counsel before you call. As soon as you have a date from the clerk, then you file a notice of continuance with the court clerk and serve it on the other party, so that everyone knows where and when the continued hearing will be.

What I'm getting at here, is that I would be extremely surprised if you have been granted a continuance, based upon the info you are conveying in your question.

Hope this helps.



2) I assume I should prepare for court on Wednesday regardless. My question is if I need to file a response to his motion or if I should simply show up for the hearing and be prepared to make my case to the judge?
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34349
Experience: Retired (mostly)
socrateaser and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I think you are right and I told my boss as much. Will you be online after 5pm PST for some questions I have regarding how to prepare for the hearing?
Expert:  socrateaser replied 1 year ago.
I'm out of town, and I have limited internet connectivity. I can't promise I'll be available at any particular time, until Thursday.
Customer: replied 1 year ago.

I understand, it's a crazy week for me, already. I'm unprepared for court on Wed and my only strategy when he tells the judge that he cant afford private school due to 1) over 10K in legal bills and 2) because his wife who had tongue cancer now needs over 10k in restorative dental work to save her teeth, of which insurance may not be paying...is to point out to the judge that the bonuses alone he's received in just the last six months equate to well more than our children's yearly tuition. Maybe reference how we had negotiated lowered spousal support in exchange for the tuition, which he has tried to Also his RFO he says he can't afford private school due to over 10K in legal bills, yet his last week recent (I&E) says 3k in legal bills. If you have time please tell me what you think I should focus on to make my case. Some other details are that my son is going into 6th grade and my daughter into 2nd. This Catholic school is the only one they have ever known. My son received his First Communion and First Reconciliation sacraments here and my daughter will be making her First Holy Communion. This is the only school my kids have ever known. It is not only their school, it is also our church and our community.


 


Father, made a nasty point in his RFO stating that he questioned the safety of the school since my son ran away from dad there. (My son was upset about the change in custody), and did run from his father. I was thinking that I might counter it with his counselor's letter that said a change in custody was not recommended. My question to you is what of these things do you think are best to focus on / try to make a case from. I won't be filing anything. There isn't enough time. I just have to show up and throw myself on the courts mercy. Any and all suggestions you can offer are appreciated.

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