Skip to main content

How is a request for continuance actually requested and when does it have to be done by?

San Diego, CA |

Had hearing for year's worth of childcare expenses and awarded attys fees NCP hasn't paid to me, and additional request for attys fees since I had to go back to court for this. At the hearing my atty advised me that the NCP had phoned in and requested a continuance. Can you phone in a continuance? How would someone even know or how to do this? Can it be done the day of the hearing like this? Why is a continuance granted to the person that is being brought back to court for not complying with current order in place right now? Feels like more stall tactics on his part.

+ Read More

Attorney answers 4


Requesting a continuance by telephone the day of the hearing is certainly unorthodox, but the other parent may have had good reason for doing so. I am certain your attorney told the judge what you wrote above. Ultimately, whether to grant the continuance is up to the court.


I am sure this is frustrating for you. Unfortunately it is at the court's discretion whether to allow a continuance in a case. Continuances are often requested on the day of hearings and almost always granted. Hopefully your attorney objected on the record and asked the judge not to allow any further continuances and/or have the requesting party make sure they are ready for the next hearing. At some point if it continues, you can ask for further sanctions. I would also see if there is a collection method through wage garnishment or the like that you can commence so you can start getting some of the money due.


It is sometimes possible to appear telephonically. The opposing side may have done that and requested the continuance over the phone having appeared that way. I agree with my colleague that your attorney most likely made the above arguments and you should consult them to get more details about what the Judge said.

This should not be considered legal advice or a consultation creating any form of attorney-client relationship, a formal review of all the facts and laws applicable to your specific situation is required.


Court has wide discretion to grant. Seek atty fees at the continued hearing including the hearing that was continued. Unless he was injured or something the morning of the hearing, he should have been able to contact you or your atty to let you know he would be asking for continuance on short notice.