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

Asked about 2 years ago - 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?

Attorney answers (2)

  1. Kathrine Diane Jack

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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.

    THIS ANSWER IS FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE LEGAL ADVICE. IT IS BASED ONLY ON THE... more
  2. David Paley Schwarz

    Contributor Level 6

    1

    Lawyer agrees

    Answered . 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.

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