Legal Question in Family Law in Ohio

What if I cannot make it?

If a child support hearing is called, is there any way I can send in forms or payments or agreements instead? I have had fines and court dates in other states before where I would just send the payment and they would be fine with that because they got their money. Is there anything like that in this case or different altogether? Reason I am asking is because I am 28 hours away living on campus with no way of getting to Ohio from Montana


Asked on 5/14/09, 2:19 am

3 Answers from Attorneys

Edward DiCato Edward DiCato Attorney at Law

Re: What if I cannot make it?

It is possible to have a lawyer represent you without your presence. It depends on the jurisdiction it is in and the nature of the support case. I would need more information. Please feel free to contact me if you have any further questions. Best regards, Edward DiCato

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Answered on 5/14/09, 8:10 am
Carolyn J. Stevens CJ Stevens|Law

Re: What if I cannot make it?

In traffic court, you can pay the ticket and not appear. This is different.

If CSED is holding the hearing, we usually appear by telephone. The Administrative Law Judge is probably Helena, and CSED regional offices are all over the state. Everybody is on the phone.

If it is a judicial hearing, you need to ask for leave to appear by phone or video conference. I doubt you can simply mail in money and fail to appear in some way without being cited for contempt for failure to appear.

If you owe back support, try calling whoever is prosecuting the arrearage (payee's attorney, CSED's staff attorney, or payee if self-represented).

Ask if you can mail payment and, upon receipt, the payee or CSED will vacate the hearing. If yes, then get the agreement in writing.

If the payee wants to begin or modify the amount, and you agree to the amount, respond with a "no objection" and request that the hearing be vacated because no contested issues remain.

If you object to the calculation or modification, you must respond within the time allowed and show evidence why the calculation or modification is not appropriate.

You can also check montanalawhelp.org.

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Answered on 5/14/09, 12:07 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: What if I cannot make it?

You should be able to handle this by way of a teleconference with an Ohio attorney representing you.

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Answered on 5/15/09, 6:40 am


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