If I could please ask another few questions about the procedure for the hearing on the Emergency Custody Order:
The order was made by motion ex-parte on February 24th and set for a return hearing ten days later. At the return hearing I requested a continuance for time to try and afford an attorney and because my ex-wife refused to negotiate any new custody/visitation agreement. The hearing was continued to the next session, and will be heard on Wednesday. I filed a reply to the motion last Friday.
I understand then that since it was a motion, there was no testimony, only my ex-wife’s attorney bringing the motion before the judge with her sworn affidavit.
Does this mean that on Wednesday, they can present any evidence they have without me knowing at all how they are supporting these accusations beforehand? There is a lot of evidence I could present against these claims depending on what they plan to present, and could get even more, but can they really wait until the hearing to actually show me what it is they are basing the claims of the motion on?
Also, since the motion was both for Emergency Custody and Change of Custody, but the order was only for emergency custody, does this mean that the Change of Custody will be heard Wednesday as well, and if so, can I request a continuance on the motion for change of custody to allow more time to prepare and for discovery, since there has never been discovery in this case even though the last parenting agreement signed by the court is three years old?
A second issue: I receive Social Security Disability. Because it is for mental health issues my ex-wife has always been the direct recipient of additional payments for my children. Since our separation and divorce, although child support was listed in the initial custody claim there has never been any agreement or ruling regarding the support. According to the NC child support calendar, she is receiving nearly double what my obligation would be. I’m not interested at all in reducing that or anything, but should I pursue having a child support agreement in the case so that there will be a record of the support she has been receiving? Would I do that by making a motion for modification of child support since child support was included in the first claim but never addressed, or do I need to file a new claim or make a different motion?