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    I posted a rather large story, followed by a very short question yesterday. I thank posters who responded, but I thought I'd try asking my question another way (shorter! Lol) to see if anyone has experience with this. I am quite unsure of what will happen next.

    1. CS support has not changed since original SA was signed almost 5 years ago.

    2. X would not provide financial info until recently.

    3. Based on that info, I filed a Motion to Change the CS amount (x would not agree to change, said see you in court)

    4. 1st appearance, x did not attend, judge adjourned to later date for "uncontested hearing or case conference." (This from the Endorsement I was given following the 1st court date)

    5. After 30 days, I had received no response, no consent, nothing.

    6. Upon advice of duty council, I filed a 23c Affidavit for Uncontested Trial instead of 14b.

    Next court date soon. has anyone had experience with a "no response" or uncontested trial? Is it likely that the judge will give x more time to answer? (It has now been 53 days since service and I still have no response) Is it likely that I will even have to attend? Sorry - I just have no idea what may happen next.
    Again, thank you for your help.

  • #2
    Originally posted by Qrious View Post
    I posted a rather large story, followed by a very short question yesterday. I thank posters who responded, but I thought I'd try asking my question another way (shorter! Lol) to see if anyone has experience with this. I am quite unsure of what will happen next.

    1. CS support has not changed since original SA was signed almost 5 years ago.

    2. X would not provide financial info until recently.

    3. Based on that info, I filed a Motion to Change the CS amount (x would not agree to change, said see you in court)

    4. 1st appearance, x did not attend, judge adjourned to later date for "uncontested hearing or case conference." (This from the Endorsement I was given following the 1st court date)

    5. After 30 days, I had received no response, no consent, nothing.

    6. Upon advice of duty council, I filed a 23c Affidavit for Uncontested Trial instead of 14b.

    Next court date soon. has anyone had experience with a "no response" or uncontested trial? Is it likely that the judge will give x more time to answer? (It has now been 53 days since service and I still have no response) Is it likely that I will even have to attend? Sorry - I just have no idea what may happen next.
    Again, thank you for your help.
    Quick and short answer... Uncontested trials are rare. Depending on the jurisdiction it takes more than two attempts to hear a matter prior to going to uncontested trial. Also, there has to be no contact from the clerk's office. The next step will be for the court probably to service the documentation via the Sheriff's office. They come by and tape it to the door of the residence etc...

    They need hard core proof of service generally from a third party service provider. 53 days is not long to wait on this kind of stuff unfortunately.

    Also, don't expect to get any arrears of child support after 5 years generally. You are obligated to seek the child support if the other party is not forthcoming. The courts will generally not order arrears that far if you haven't done anything about it.

    Finally, you have contact with the other party. Uncontested trials generally happens when the other person is unreachable. The justice is more likely to order a summons to appear than an uncontested trial and have the police pick up the other party and drag them to court. It would be perjury for you to state you have no contact with the other party if you did and moved forward with an uncontested trial.

    Trust me, it isn't as simple as two no shows to get to an uncontested trial...

    Good Luck!
    Tayken

    Comment


    • #3
      Thank you Tayken

      Thank you so much, Tayken. I was wondering why I couldn't get an answer to my uncontested trial conundrum.

      Service has definitely taken place as X asked duty council to ask for an adjournment at the first appearance. Wouldn't this be proof to the courts that he has received the original Motion to Change?

      Re: child support. I am sorry I didn't make it clear. The original SA was signed 5 years ago. I agreed to an amount less than table at the time. He HAS been paying CS up until I filed the Motion to Change. He stopped after this, stating that he wouldn't pay until he knows the new amount that the judge will order. Another "see you in court" email from him. - I have plenty of these! So, he is only in arrears by a matter of months, not years.

      Yes, I do have contact with The respondent. It was the judge himself who said I should file for Uncontested Trial. (He wrote it in his notes). I asked duty council why I'm not filing a Motion, and he said that's how we do it here. Ok.

      I'm so glad to have received your reply. I really couldn't figure out if this was it, or if we would still have a case conference, even though the judge said to file the Affidavit... There is so little information I can find out there about uncontested trials... So now I need to continue preparing for some sort of interaction with the judge....

      (Sorry, I can't figure out how to do your fancy quote and replies you always do - its tricky on an iPad)

      Again, thank you so much for your guidance, Tayken.

      Comment


      • #4
        Sorry - another 2 questions. I fully believe X plans to show up at the next court date, which was set at the first adjournment (which he did not attend but asked duty council to ask for an adjournment on his behalf).

        Who would have notified X of the next court date since he wasn't there?

        If X does show up (I think he will), would this be considered the new first appearance where the judge would order a CC for another date? He still hasn't answered/responded to my motion.

        This is frustrating. I've only asked for current table CS amount based on the income disclosure X provided me in February. I thought this would be easy...

        Thanks again!

        Comment


        • #5
          Repeat post. Oops.
          Last edited by Qrious; 05-24-2013, 11:05 PM. Reason: Repeat post

          Comment

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