Legal Question in Family Law in California
Divorce/Family Law
My attorneys told me today that my husbands' attorney had a heartattack & my OSC next Mon. will probably result in a continuance. Furthermore since husband will not pay my attorneys now they are finished w/my case. I am practically destitute paying months of (unknown) unpaid bills and taking care of 1 minor child & 1 full time student--------Can't temporary support be ordered by the judge anyway? I'm afraid my attorneys have not been upfront about this........Husband is in another state lucratively working (finally)w/a 3 yr. restraining order & will drag this out at all costs. Meanwhile he hasn't paid taxes since 2003 and we owe over $150,000. I am a teacher and only want to move on w/my life after 22 years. Husband is a registered sex offender and yet wants to continue visitation argument for minor child. Oldest 2 want nothing to do w/him. How can I have some amount of support awarded to me this next day in court regardless of the fact that his attorney will not be there and his representative is asking for a continuance?
3 Answers from Attorneys
Re: Divorce/Family Law
The court will no doubt grant a continuance. However, you should request that the court order some temporary support pending the next hearing. If you can convince the judge that your situation is desperate and that husband has income sufficient pay support. You may not succeed but it won't hurt to ask.
Re: Divorce/Family Law
your attorney is right, a continuance is likely to be granted. As far as support is concerned, the court can issue temporary orders at any time - they don't have to wait until a divorce is final.
I don't know where you live, but the courthouse in Orange County has lots of literature to help people file their own paperwork and soforth, but I don't recommend you representing yourself. Child custody should never be attempted without an attorney.
I can offer an hour of my time free to help you decide what is the best way to go forward. Good luck.
Re: Divorce/Family Law
your attorney is right, a continuance is likely to be granted. As far as support is concerned, the court can issue temporary orders at any time - they don't have to wait until a divorce is final.
I don't know where you live, but the courthouse in Orange County has lots of literature to help people file their own paperwork and soforth, but I don't recommend you representing yourself. Child custody should never be attempted without an attorney.
I can offer an hour of my time free to help you decide what is the best way to go forward. Good luck.