Legal Question in Family Law in California

Re: Court Ordered Information

Nothing you do will "cancel" the court date.

If it were a private attorney on the other side rather than the DA, one could reasonably rely on the other side "continuing" (Postponing) the matter. With the DA it is a crap shoot.

Altrnatively, you could hire an attorney to appear in your husband's place, this being the case especially important if the DA does not agree to delay the matter. To bad the DA is involved. That usually complicates and delays matters significantly.

Re: Court Ordered Information

My experience is that the district attorneys in child support cases are generally reasonable in circumstances such as this. However, you should consider being in court on the day of the hearing to ensure that the district attorney has received the information and the date to which the hearing is continued to. If necessary you can address the court to explain why your husband is not present. You should have a letter from his doctor stating that he should not attend court on that date and when he would be expected to be available for to appear in court. A statement as to when he would be expected to be released to seek employment would be helpful.

If he will be disabled for a lentghy time you should investigate social security disability income. If he qualifies for social security disability, his children would also qualify for payments, and this can be used in place of part or all of his child support obligation.

Re: Court Ordered Information

He should contact the DA's office about the change. The court date will need to be continued, it will not automatically be continued. Probably the DA will do this for you. You should provide the DA with a report from the Doctor concerning the disability and when you husband will be released to return to work. That way the DA won't ask you to come back to court before your husband is able to seek employment. Good Luck, Pat McCrary