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I went in on an Ex-Parte to request an earlier hearing date on our support hearing. The father has paid for support for our 2

Anaheim, CA |

year old daughter. His primary family was finally made aware of our daughter's existence. He stopped all support. The financial strain has been a nightmare, as he knew I relied on his assistance with our daughter. The judge, instead of moving the hearing date up, ordered child support. I just got a call from his attorney, they are going in on an ex-parte to vacate the order. What would be his grounds? What do I need to prepare for?

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Attorney answers 3

Posted

The father's attorney will likely argue that there were no "exigent circumstances" warranting an ex parte child support order. You should argue that it was an "emergency" situation and the judge had the authority to order child support on an ex parte basis. You should also argue that the emergency child support order is in the best interest of the child and the father is not prejudiced by having to wait until a court hearing to modify the order. That will give you enough time to review their ex parte papers and hire a family law attorney if you can afford one. There is no emergency reason why the opposing counsel needs an emergency order to vacate the child support order. You should also argue that the request to vacate is an abuse of the ex parte process. Focus on the needs of your child rather than disparaging the other party. If you gave proper notice of your ex parte application, then the other parent had notice and an opportunity to be heard--but decided for whatever reason not to show up in court. That's not your fault--and there is no basis to change the court order on an ex parte basis. Hope this helps. Good luck to you!

By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

Asker

Posted

Thank you for your response. Unfortunately, I lost and the order was vacated. I somewhat "froze" up there. His attorney presented it as though he was only given notice on the order shortening of time, not on support, therefore he didn't oppose the order shortening of time, and so didn't show up. He was wrong. I actually tried to go in 3 weeks prior on an ex-parte for emergency support (notice even stated emergency support) and he didn't show up. The order was denied, as I didn't serve notice to DCSS. (I didn't realize I needed to). My fault. I don't have the means for an attorney obviously. Unlike the father, my funds all go to supporting my daughter. Thanks for your advice. I know if I would've made these points, I probably could've won.

Cathleen Elisabeth Norton

Cathleen Elisabeth Norton

Posted

You are very kind. I'm sorry it didn't turn out better. Regardless, you will likely get child support but will just have to wait until the next court hearing. Best of luck to you.

Posted

You should show up. I am not sure what you can do to prepare. I am not sure what the grounds for vacating the order are, as he probably hasn't even filed anything yet. It could be that he is arguing that he doesn't make as much as was used in the calculation, or something like that. As long as your paperwork is done, there is not much to do to prepare for this, since his attorney gave you little to go on. If he has an attorney, you may want one on your side as well. For further information, visit http://www.ellifritzlaw.com .

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

Posted

You need to show up to any Ex Parte hearing where you were given proper notice. Your case has some interesting issues. With more information, we may be able to assist you greatly. If the orders were changed contact our office so we can discuss your matter in greater detail.

Contact me at (888) 384-4999.

Lewis Khashan, Esq.

Asker

Posted

Thank you for your response. The support order was vacated. The respondent claims he was only served for order shortening of time, and not for support. I had no idea the judge would order support. Well, the dead beat dad wins again.

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