Legal Question in Family Law in Virginia
What happenns if daughter's father can't make it to court
My daughter's father lives in Texas, and we reside in Virginia. We have a court date in August, but he has told me that he won't be able to make it because of a work related issue. We agree on having joint custody of our daughter and me being the primary caregiver. But we can't agree on the child support amount. What would happen in court if he is not there? Would he have to send an attorney to represent him? And how would they determine the amount of support if he is not there?
1 Answer from Attorneys
Re: What happenns if daughter's father can't make it to court
The court will need to have information regarding the father's income as well as items which may be deductible from his support obligation in order to accurately compute what his obligation should be under the Virginia Child Support Guidelines found at Va. Code Sec. 20-108.2
If the father now knows that he will not be able to make it to the hearing scheduled for August, he should contact the court to have a new date set for a hearing that he will be able to attend. (The court will not be able to establish a support obligation in his absence and you may be forced to proceed with an interstate action between Texas and Virginia which may not be as satisfactory.)
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