I filed for child support modification because I was on disabilty for several months, my ex showed up to the hearing with an attorney and our case was continued. By the time we have a new hearing I will be back to work can I withdraw my modification?
Any order should be retroactive to the date you filed. You could ask for the modification from the date of filing until the date you go back with work. You can withdraw if you want. Good luck.
I think you will need agreement from opposing Attorney if a Responsive Declaration has been filed.
If DCSS is involved in your "motion to modify" child support, then you would need the agreement of DCSS and the other party. But I would like to second the opinion of one my colleagues to consider not automatically withdrawing your motion to modify child support if it BENEFITS you AND you are in "arrears" of the payments (e.g. you have not paid the full amount of the original court order due to your temporary disability. You may want to spent a few minutes with an attorney to determine the "pros and cons" of "dropping" your motion to modify. Good luck!
PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed as follow-up questions to the originally-posted question. I specifically do this as to avoid creating any confusion to the originating author of the question and to prevent any attorney-client relationship from forming--as this is not the goal or intent of this attorney or the Avvo creators. Further, I am only licensed to practice law in the State of California; therefore, any information provided in this answer is intended for application in California. Second, the information provided in this answer is solely intended to serve as GENERAL INFORMATION, and, at most, to serve as a catalyst for discussion between you and an attorney. Under no circumstance, is this information provided in this "Answer" intended to be construed as legal advice--and is not to be considered legal advice for any purpose. If you wish legal advice, then it is recommended that you contact a licensed attorney in your area to discuss the particulars of your case. Only by engaging in a meaningful discussion with a licensed attorney, can an attorney then provide you with legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline