What happens in a court hearing if the defendant doesn't show up?

Business 6 views 4 answers
I am filing a motion to change parenting time and establish child support. I just want to know how will it work out if the defendant doesn't show up.

Attorney Answers

4
Daniel Findling ·
Any time a court reviews a motion to change parenting time it must independently evaluate the parenting time statute and the best interest factors. However, your testimony cannot be rebutted as the other parent is absent. That is the basis for you chances of success improving. As a matter of practical law, your modification request will likely be granted if the other party does not appear. Child support is based upon a number of factors. However, the most important are the income of the parties and the number of overnights each parent spends with the child(ren). Therefore, for the same reasons set forth above, a failure of a party to appear means your testimony is not opposed. Daniel Findling
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Loren Dickstein ·
Your chances of being successful on the motion increase if it is unopposed. You have to properly notify the other party however. It is always better to be represented by a qualified family law attorney who can consult with you regarding your options and protect the record from a later attack that you did not give proper notice of the motion.
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Melissa Heinig ·
If you file a motion with the Court and you serve the Defendant with proper notice, and the defendant does not show up to the hearing, then it is likely you will have a judgment entered in your favor. However, if you FAIL to provide PROPER notice to the defendant, then the defendant can ask the Court to set aside the default judgment against him/her. I suggest that you at least consult an attorney to ensure you are properly serving the defendant. There are strict requirements you need to meet.
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Michelene Eberhard ·
You must provide notice to the defendant and be able to prove it. If you have properly noticed him and he doesn't show, you will likely prevail. If you have not properly noticed him, you will likely waste a day in court as the court will not enter judgment in your favor unless the other side has proper notice of the proceedings.
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