My case for a temporary order has been continued 3 times. The first time it was continued was because he was served until the Friday before the case, then continued again to give him time to get a attorney and then continued again so his attorney could prepared for the case. All the continued cases have been 2 weeks apart. How many times can they keep continuing the temporary hearing? I have no money and need to get temporary support. How do I get the support retro to the date of filing? Once the case is heard which is June 7, when will PSS and child support start? Will the judge take into consideration that I have been trying to propose a separation agreement since December 2009? My spouse has been giving me a little support since Decemeber. How will that factor into support going forward? Will he receive credit for those support payments even though they were not under a agreement or court order?
I see no legitimate reason for another continuance to be granted, and the case should move forward on the next scheduled date.
You may seek retroactive support back to the date of filing, and once support amounts are determined support payments will commence.
The rules of evidence do not allow for settlement negotiations or the history of the same to be admitted into evidence, so your past efforts to settle the case cannot be presented in court.
The court will take into account what your ex has paid so far, and will likely deduct that amount from retroactive support back to the date you filed your Complaint.