Question:
I filed to lower my support as now i am only making half of what i was making a couple months ago because the temp agency ended my assignment due to lack of work now i am making about 9,75 a hour for 24-32 hours a week. I am wondering what happens if the custodial parent fails to show up to the hearing.
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Answer:
That may depend on when and how the Respondent was served. Generally, the court mails the Summons to all parties, and expects them to appear. If a party fails to appear at the very first appearance, the court most frequently reschedules for a further date to “allow for service.” The court may assign the Sherriff to serve the Respondent, or may ask you to arrange for this.
If there is “proof of service” (a written notarized statement by a person other than you who is over 18 years of age stating that he/she personally delivered the Summons directly to the Respondent), and the Respondent still fails to appear, you may be entitled to your requested reduction on the basis of the Respondent’s default (failure to appear).
You should bring with you proof of your income and your reduction of income to your court appearances. Even if there is no proof of service at the first appearance, you should request a temporary reduction in your support obligation pending the next court date to prevent your overpayment to the Respondent. That is because you cannot be reimbursed for overpayments of support that you make, so you should request this to protect yourself while the matter is pending with the court.
Are you living in the Saratoga area and looking to reduce your child support payments? Contact one of our dedicated Attorneys at Jean Mahserjian PC.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced Saratoga Child Custody Lawyer in Clifton Park. This does not consent an attorney client
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