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Can I ask for a Continuance on the day of court for a Child Support and Custody Modification?

Noblesville, IN |

My ex husband is trying to modify his support even though he owes thousands in back support. Can he really modify if he owes and has another hearing through support enforcement in another month? My ex husband is trying to state I was in contempt of child timeline custody, but I'm not because it was modified and he knew this. So can he legally get me for contempt? I want to keep it the way it is the support and custody ( sole and physical custody) that I was granted because of him not showing up two years ago. He still has not been to court till now to modify it. Can he really modify custody if he has been gone for two years and has no stability or a good environment ( no proof he is living where he states) for two children to be in? Can I ask for a continuance when I show up to court?

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Attorney answers 2


Yes, you can request a continuance on the day of your hearing. However, it will the court's decision whether or not to allow it. You should request a continuance sooner if possible to give everyone as much notice as possible.
It sounds like just getting a continuance, however, will not resolve the issues you are facing. Normally, a person needs to show a "significant change in circumstances" to modify custody or support. In order to answer your questions, an attorney would need much more information and to throughly review your case. I suggest you seek legal counsel on your issues.




He tried to get me for contempt but I'm not and I do have proof of that. I did get a continance and I know that will not solve my problems, I just needed it to give me more time to gather more information and to find an attorney. He has not shown a significant change unless you count that he has been out of their lives for two years a reason for him to be able to change it. I gave him chances to try to be a father because he wanted to and I felt bad, but once again for the 3rd time after one day of seeing them he walked out for a whole year and never heard from him again till now. I just wish he could see how this not good for the kids especially when he knows they are happy and my new husband and I take very good care of them. Unfortunally I can get that lucky so here we go again in court. Thanks for the advice. Question: Can I ask a judge to have someone check him out such as residency, how he eats and etc and make the non custodial pay for it since he is trying to get custody and it has been 2 years since I have known where he has stayed? Last year when he seen them one time we met at a park so I don't know where he lives and since he doesn't pay support, I don't see how he can support them when he has them such as feeding them.

Kathrine Diane Jack

Kathrine Diane Jack


A judge might ask him questions at the hearing but will not take on the role of gathering evidence. An attorney can do that for you though and require him to produce proof of these things, even before the hearing.


Yes you can always ask for a continuance in a child custody matter if you have a good reason to continue ie. I need more time to review the moving papers. You are correct in believing that he won't get custody. However, the law does state both parents should get frequent and continuing contact with their children. However, in your case since he has been gone for two years the court will require he give you information where he lives and his phone number. The visitation will be quite small at first maybe even supervised.



Just a little bit more information. He is over 10,000 dollars in back support. The prosecuters office has been trying to enforce this but with contempt of court 3 times and jail for it 3 times as well he still is not trying to pay. He has court for this matter once again in May. They would like to push felony charges but since he is trying to modify his support , they now have to wait till this case is settled first. I know owing support does not give anyone a reason to hold visitation against a parent, but considering this, is there any way possible I can show how this is negative since once again he could be in contempt and go to jail once again which would not be good ie if the children were with him and he was to be arrested and obviously if he can't support them now and hasn't ,how is it possible for him to support them when he has them and how is this fair considering I would still be supporting all their needs while he has them? Next, do you think its possible the only reason he is waiting two years to try to get some form of custody back is so he can pay even less through support since he knows he keeps getting into trouble, the sad part, he won't even pay 5 dollars or anything now, so I really don't understand why modifying would help him? I can't state he doesn't love them or care for them, thats not for me to assume but he has done a good job showing that he doesn't seem to considering everything. Next, thanks for advice on the fact that the judge will make him tell me where he lives and such. Here is the problem, considering it has been two years and he has been in trouble with the courts and not very honest with them nor with me as well, how can I trust that the address will be correct and if the place is even suitable for two children. He puts his mom address down on things but I know for a fact he does not live with her because I stayed in touch with her and have been there to her house and he is not living there and his friends have also stated to me that he does not live there and he lives with roommates, which scares me more with two daughters and the fact he is staying with male roommates who I have no idea are even good people. Is there anything I can ask for to actually prove his wherabouts and that it is a safe environment for the kids, if he is granted some type of custody. I would love to just keep it the same. Sole, Physical Custody of the children and that fact that it is up for me to decide if its in the best interest of the children to see him, and then once they get old enough they can decide what they want but I don't know if the judge would approve this. Even though I have never denied them seeing him or contacting him and he is trying to state I have even though I have proof through emails and such that he did have contact with them and that he did have my information to call them, I just always made him meet me somewhere public considering I didn't trust him and I also have a restraining order against him because of him threatning me, so I figured meeting in public was better just in case something was to go wrong, and like I said previously he still would only see them one time and then disappear. My youngest is 3 and she has only seen him maybe 6 times when she was an infant and this was and only twice since she was 1-3, so she doesn't even know him and my oldest will be 6 and is afraid to stay with him and cries because she doesn't want to stay with him. So obviously this has not only been bad for them because of how he is but emotionally it upsets them. Is there any way I can prove that as well, especially since they are so young? Also, can my new husband say or try to do anything to help this case as well? Thanks again for everything!!!

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