Continuance due to death


#1

I am in a uncomfortable situation. When we went to calendar call 10/3 his attorney requested a continuance to the next calendar call. HIs lawyer said he didn’t have money and wanted to wait, also his mother was terminally ill. We went to calendar call and they requested a continuance, I told her that I had not received child support for 3 years and was unemployed and needed the assistance. She scheduled our court hearing for Thursday 11/7.

Sadly his mother passed away 11/1. He was trying to schedule the funeral for yesterday but couldn’t make it happen. So now the funeral is Saturday 11/9. He is coming back into town today and leaving Friday afternoon with the kids to go to the funeral. His lawyer has filed a motion for continuance due to the death of his mother. I have 2 days to respond and I am not sure what to do. She is trying to get us in the office today to get us to agree to things before court. She has also said that he is planning to bring me money. Not sure how much though. His attorney has been letting him know he is gonna get burned in this case because he hasn’t been paying support and a lot of other reasons.

So my question is, should I allow the continuance? He is in town already and not leaving til Friday. There are 4 people subpoenaed and a lot of people have made arrangements to be there. Will it look bad on me if I tell the judge I don’t want a continuance? Should I tell the judge he is in town already? Just not sure what to do. Feeling guilty about attacking him while he is down, but need to make him do the right thing.

Thanks


#2

Sorry I wasn’t able to respond to your post earlier this week. I’m not sure what you decided to do, but while the court usually does not give multiple continuances, it will give deference to a party in a situation such as this and will usually grant the continuance regardless of the other party’s objections.