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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was divorced from my ex-husband since 2009. I was notified

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I was divorced from my ex-husband since 2009. I was notified he wanted to take me back to court in order to lower his child support. I arrived at the court on that date, but he failed to tell his attorney he received a few hundred thousand. His attorney was set to reschedule on a different date, as she was unaware of his newly acquired money, and I had not heard anything since April of this year. I just received a letter called "Scheduling Order and Notice of Intent to Dismiss", but there is a trial date set for next month. I am currently in the military reserves, and it coincides with my drill weekend (the weekend I have to do for the military service). Will it reflect negatively on me if I reschedule the court date? I wanted to wait until after my fall semester is over because I am in a premedical program at my college and I can not miss one day.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, rescheduling due to military service would not negatively impact you or your case. What it appears is going on here is once he found this new money, and the attorney had a chance to review it, filing for a modification of support would instead increase his obligation, not decrease it. So he is now seeking a basis to dismiss and make you forget that he ever filed. This is likely why he is trying to back out. But in your case seeking a continuance would not affect you.

Good luck.

PS. Sorry that you are going stir-crazy and hopefully I was able to ease your worries.

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