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#217897 - 04/17/07 01:18 AM When Ex doesn't show for court - - then what?
100kay Offline
journeyman

Registered: 09/22/04
Posts: 61
I'm posting again. I really would like some feed back.

My Story:
-No modification ever-since 1993.
-Started procedings in 2004
- been thru Atty Gen. Office and 1 other law xfirmx
- Dropped AG case because they do not work to disclose income.
- Fired lawyer because of multiple mishandlings ending up with me getting 1/4 of what was due - I complained to the xfirmx owner and got a refund! :shocked:
- every court date is set 6mos+ apart
- I did not send the venting letter - stuck to the facts
- Finally went to court and ex did not show up and his atty was late. EX's atty actually said "I don't know if I told him about this hearing." (!!!!!) :shocked:

- NOTHING HAPPENED! :mad: My atty said I could go home and he and ex's atty went off to "discuss things".

I have had some terrible luck w/lawyers. Even though my current atty. talks a good game and seems to be fighting on my behalf - I wonder.

The last thing he said to me was "fill out the expenses and income" form. Years ago, I recall being told "I was not required to submit income because cs is not based upon MY income". :confused:

Current Questions:
1) Do you ever call the court clerk for status? I have done that and always seem to catch things just in time before something is about to be "dismissed". That sucks!

2) What about me having to fill out the income expense form? I really don't mind doing it because it would certainly prove the need for the modification - - but my paranoia makes me wonder if it may be used against me somehow.

3) Isn't not showing up a serious offense???

Thanks in advance...

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#217898 - 04/17/07 02:19 AM Re: When Ex doesn't show for court - - then what? [Re: 100kay]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
I only know what it is like in NYS- but what about getting CSE to help you? Since you haven't had a modification in several years, you would think you would be due one. In NYS CP is due at least a COLA (cost of living adjustment) every two or three years.

I know when BM wants a modification she calls CSE and they get an income fact sheet from my DH's employer letting HER know how much he makes. I can't remember what it is called? But I can find out... My DH was actually kind of pissed that all BM has to do is call CSE, they get a hold of my DH's employer and they give CSE all of his info from his current payroll check AND any kind of bonuses he received.

When CSE sent BM this info, they did mark on a seperate sheet of paper that they could not help her receive any more support, although that didn't mean she wasn't due the support.

I was still SURPRISED as hell that all BM had to do was call CSE and they gave her ALL of his income info, now if DH wanted BM's income info, he would certainly have to go to court for it- talk about a double standard! :(

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#217899 - 04/17/07 02:23 AM Re: When Ex doesn't show for court - - then what? [Re: 100kay]
Dee78 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 11820
Loc: TN
Both parties have to fill out the income expense forms, even if the CPs income isn't considered. I believe these are only looked at if a deviation is asked for.

His lawyer was there so I'm not sure if he would get in any trouble for not showing, he had a representative there.

I've chosen the slow CSE route...it's free. Well it now costs me $25 a year.

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#217900 - 04/17/07 02:31 AM Re: When Ex doesn't show for court - - then what? [Re: 100kay]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
There is something in all court appearance papers that says that all involved must show or a warrant can be issued for their arrest. However, this DOES NOT mean that they can't cancel a bunch of times for "good" reasons.

The income expense form is a MUST however, when it comes down to it, it means NOTHING in court. The judges usually never look at it, unless there is unusually high medical bills, etc. All of our lawyers have always complained about filling out the income sheets because they say they are a waste of time.

Now DH has been in court for a modification (BM wants more $) every three years- it usually takes NO more than 6 months to finish all the hearnigs (with cancellations included) and to get the court order finalized- from there it usally takes another 2-4 weeks for the new modification to hit his check. The courts also usually go retro from the original date of filing- and that is now "arrears" for the NCP, so the new CS order is garnished along with another order for any arrears.

NYS is really on top of things when it comes to CS orders. Like I said no more than 6 months, but usually it's done within 3-4 months. I know DH has had to cancel a few times and they always give him a new court date within 3 weeks.

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#217901 - 04/17/07 11:57 AM Re: When Ex doesn't show for court - - then what? [Re: Cassie23]
momx3 Offline
old hand

Registered: 04/19/06
Posts: 1036
"There is something in all court appearance papers that says that all involved must show or a warrant can be issued for their arrest..."

That depends on your state. In TN, your advised that if fail to answer, a default judgment can be taken against you.

Your attorney being present, without you, is considered being personally present for all intents and purposes.

The only civil notification that REQUIRES your PERSONAL appearance is a Show Cause Order.

Just wanted to make sure that new members understood that varies from state to state. :)
_________________________
I'm not bossy...I just have better ideas!

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#217902 - 04/17/07 12:06 PM Re: When Ex doesn't show for court - - then what? [Re: 100kay]
BeckaLeigh Offline
Carpal \'Tunnel

Registered: 06/08/05
Posts: 6879
Loc: Texas
My ex didnt show up for court, and the judge signed the decree, cs and medical sipport all at one time, I walked out with the papers in my hand. (after they made copies) To this day, ex's signature is nowhere on the papers. They didnt seem too bothered by the fact that he didnt show up. As for the rest, I dont have a clue.
_________________________
I tried being normal once. Worst five minutes of my life.

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#217903 - 04/17/07 01:15 PM Re: When Ex doesn't show for court - - then what? [Re: BeckaLeigh]
despedina Offline
old hand

Registered: 08/14/06
Posts: 701
Loc: Hillsboro, MO
My ex didn't show up once, and neither did his lawyer, and all they did was reschedule. Talk about a waste of my time!

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#217904 - 04/18/07 12:47 PM Re: When Ex doesn't show for court - - then what? [Re: despedina]
tsl Offline
Pooh-Bah

Registered: 06/24/04
Posts: 2274
In my case it has happened several times.

If attorney is present and he asks for a continuance they will usually allow it. Especially if X needs to testify or be questioned.

Lately he has not had an attorney to represent him. therefore, they have issued body attachments for him for failure to appear...only after it has been proved that he did receive proper notice of said hearing.
_________________________
Duct tape can't fix stupid but it can keep them out of the way."

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#217905 - 04/18/07 03:03 PM Re: When Ex doesn't show for court - - then what? [Re: Dee78]
MommyAlisha Offline
old hand

Registered: 02/22/07
Posts: 931
Loc: Wesy Virginia
[Quote]Both parties have to fill out the income expense forms, even if the CPs income isn't considered. I believe these are only looked at if a deviation is asked for. [Quote]

Are both parties suppose to do this in all states. DH filled one out but the judge did not consider it. The mom filled one out the was BS. she claimed paying on medical bills that she is not responsible for because she was 7 when she had the surgery. DH lawyer was going to bring it up but judge didn't allow him to. She also claimed paying $100 for a phone bill, $250 for a electric bill, and a water bill $90.
They have a well because city water hasn't reached that area yet so there is no water bill. They have been working on city water here but DH didn't put it on there because it's not in yet so he is not paying it yet. Also the phone and electric is in her stepdad's name. Her cash assistance would not have been enough to pay these bills. She told DH that her mom said to put the bills down so she can get more $$$$ for CS.
$250 for an electric bill is crazy. We pay less than $100 a month. A friend in the same area as the mom pays around $165. The friend has 8 people living in a bigger house then the mom lives in.
Just wodering if it's the law in all states?

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#217906 - 04/18/07 05:17 PM Re: When Ex doesn't show for court - - then what? [Re: MommyAlisha]
VeronicaGia Offline
recently joined

Registered: 02/16/07
Posts: 14
There are very few states that don't take the income of both parents into consideration when figuring child support. TX is one of them, but most do use both incomes and percentage of parenting time. It's fairer that way. There is no reason only one person should be held responsible for the financial support of a child.

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