Legal Question in Family Law in California
I have a child support hearing next week. This would be the third time that my child support hearing has been rescheduled. First time because we did not come to an agreement with child custody so we were sent back to mediation. Second time, the hearing was set o na date child support office was closed ( Friday ) and third, is the hearing that I have next week. However, my ex husband is telling me that he cant go because of work ( which is a lie, he just does not want pay more ) so my question to you is: If he does not appear in court, because it is the third time being rescheduled, will the judge proceed with the hearing and make an order ? DCSS is involvedas I receive cash aid assistance and they will be present. This is a child support modification as I get very little for 2 children and he is well off financially and we have his paystubs as proof.
1 Answer from Attorneys
There is no guarantee it will go forward, but if you have a final custody schedule and there are no other problems with your application, the mere fact that he does not show up will not prevent an order.