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I would like to file for an extension of the date of an

Hello, I would like to...
Hello, I would like to file for an extension of the date of an upcoming support hearing on 3/20. How do I go about this and are extensions only granted under certain conditions and does father have to agree (he wont). My reasoning is that I expect to have a new job by then and also father says his job is ending as of 3/23. Please advise.
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Answered in 7 minutes by:
3/12/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,832
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Thank you for requesting me.

Agreement is required when the parties "stipulate" to a continuance; otherwise the requesting party must make a motion to continue.

That motion is here:

http://www.courts.ca.gov/documents/fl306.pdf

Instructions which also include examples of good reasons are here:

http://www.smclawlibrary.org/needhelp/MotionToContinue.pdf

It is entirely discretionary with the judge so there is no basis for which one can be guaranteed the request.

If the continuance is not granted the court can be advised of the changing circumstances and they may make a ruling based on that (ie figure out support based on the anticipated events) or they may deal with the facts as they exist and then schedule another hearing for when the anticipated changes are to occur.

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Customer reply replied 5 months ago
You said "Agreement is required when the parties "stipulate" to a continuance" What does that mean exactly? If father agrees to a continuance how would I proceed? I may ask father by email if he wishes to get a continuance for after his termination date. Since his income will be changed he may agree but I don't know what to do from there.

The stipulation is when the parties actually agree to change the court date;

that is a custom drafted form as I could not locate a form on the court's site:

http://www.courts.ca.gov/forms.htm?filter=MO

Here is a sample stipulation:

http://eagle.petrofsky.org/docs/Eagle-108.pdf

The court clerk would be able to provide available dates and that can be included.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,832
Experience: Experienced Family Law Attorney
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Customer reply replied 5 months ago
Thank you. I appreciate your help.
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