Support hearing postponed


#1

If child support hearing is postponed because plaintiff doesn’t produce financial affidavit, is there any recourse for defendant? What about when hearing is postponed because 30-day waiting period had not passed? Defendant pays the required support, takes days off from work, appears in court and complies with the rules. He is paying legal fees and delays are costly. Is there no legal requirement for the plaintiff to be prepared? Is there any recourse or way to prevent future wasted court appearances?


#2

Your argument would depend on what the plaintiff is using the financial affidavit for in court. There may be an argument that the plaintiff should not be able to present evidence on certain issues and the hearing should proceed, but that would be at the discretion of the judge.


#3

Plaintiff requested the hearing to ask for more child support from defendant because plaintiff’s income decreased, and defendant’s lawyer requested financial affidavit from plaintiff.