What happens if the defendant in a violation child support order misses a court date? Will they rule in my favor by default?

Asked about 2 years ago - Jamaica, NY

I currently have a child support violation order against the father if my child and its including an increase in support because my expenses have gone up and the violation is for him not paying since 2010 and he is currently employed. What may happen if he doesn't show? Do I need to provide an affidavit stating he was served with the summons? Will the judge grant me an adjournment to get the affidavits as proof? Because I can't provide the documentation needed right now, will the judge still rule in my favor? And can I request a wage garnishment?

Attorney answers (2)

  1. Carlos Gonzalez

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . the Judge will not continue the case without you providing proof that the other party was served... you will have to bring proof of service, if you do not have it and you have been to court multiple times without it the Judge may dismiss the case, if its on for the first time and you do not have the proof then the Judge will likely just give you more time to complete service...

    technically until service is completed and the Court is provided with proof of that service, the Court does not have jurisdiction to hear a case... as such, there would be no way to get a decision in your favor without proof he knew about the case, by a an affidavit of service

  2. Lawrence Allen Weinreich

    Contributor Level 18

    Answered . Before the judge can do anything, he has to have proof of service. If you don't have it you can request an adjournment to get it. If you have it and you ex doesn't appear, the support magistrate can request a warrent for his arrest. Due to the fact that you have filed for a violation in addition to an upward modification, it is unlikely the court will do anything until the responsent has actually come to court at least once. You should get an attorney to help with the proceedings. The court can grant counsel fees to you on the violation.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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