My childs father and I went to court in Nov 2011, he found a job so the paymts were then reinstated on that day. Now he got the case adjourned because he felt that he was giving too much money so the magistrate did the math and told him he could get those pymts lowered in half if his child stays with him more than with me. I did not ask for this adjournment, so what happens if I miss this upcoming court date?
DO NOT MISS THE COURT DATE! If you do, the payments will almost certainly be lowered, and other orders that are unfavorable to you may be issued. If you truly cannot go on the scheduled day, then you must engage an attorney to appear on your behalf. The court will not like this but at least the attorney will know what to do to preserve your rights and options. It is always a good idea for anyone going to court to at least have a consultation with a local attorney to review all the details of the pending matter so informed decisions can be made going forward regarding the case. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: email@example.com. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Divorce / Separation Lawyer
If you do not appear in court on the adjourned date, there is a good possibility that the Court would grant the reduction the father seeks on default. If you cannot appear seek an adjournment by faxing a letter to the support magistrate requesting a new date.
Family Law Attorney
If you miss the court date there is a large possibility that the Judge/Support Magistrate will enter a default judgement in favor of the father. This seems that it would be against your interests in that he is seeking to lower the amount of support you are currently getting from him If you are truly unable to appear you should engage an attorney prior to this date as s/he will be able to appear on your behalf and protect your interests. Although you have the option of going to the court and completing an adjournment request, the court is not required to honor it and very well may not do so.
An important part of your statement is that the judge advised the father that if the child spends more time with him that he could have the payments lowered. This has to do with changing your custody arrangement. Whether or not you have a current order of custody this can really affect your legal rights. You need to seek legal advice from a local attorney to protect your interests.
This information is provided for General Legal Education and does not create an attorney client relationship. Tenaja A. Montas, Esq is admitted to practice law in the state of New York. For further information I may be contacted through my website www.lawofficeoftenajathomas.com or at my office (347) 455-8023.