What happens if the petitioner fails to show up at court hearing?

Asked about 5 years ago - Sacramento, CA

My husband recently found out he had a court hearing for child support 4 days before because he was filing a motion at the time for joint custody. The clerk told him he was already on the docket for this support case and he should show up and argue that he was never served for this hearing. When he showed up at court, the petitioner wasn't even there. He stood before the judge and told him he was never served and when asked how he knew about the court date he explained about his filing a motion and came across this paperwork in the file. The judge then said "We'll she's not here so the matter is dropped" Now would she be able to re-file for support? If so, does she have to start from scratch and pay court fees all over again?

Additional information

This is a new order for support after an ex parte hearing where he temporarily lost a percentage of his custody. He has filed his own motion to refute the allegations and to restore his joint/physical custody and has a court date in Dec.

Attorney answers (1)

  1. Richard Forrest Gould-Saltman

    Contributor Level 20

    Answered . It's not clear, from your question, what sort of hearing, in what sort of case, your husband has going on, and that information is critical to giving a useful answer. If there's already an order for support, and Mom's asking to CHANGE it, then if she doesn't show up for her own modification hearing, the old order stays where it is. If there's never been an order for child support, but your husband has been served with the original petition, then if the matter is reset, the court can possibly make the order for support retroactive to when papers were first served.

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