Confused about continuance

[CncrndHswf]

AZ

Background:
Im scheduled to go to court for enforcement of alimony April 18. My ex has not paid in about 3 years.
He was served papers for hearing on March 26th after dodging two attempts. He retained an attorney on April 10th and is asking the court for a continuance because the attorney will be out of town on April 18th. The attorney filed papers with the court April 11th

Questions:
What are the odds the judge will allow a continuance?

If the judge changes the date do I need to be served?


Should I still appear in court on April 11th? If I do will, I have the right to speak about the continuance? Because I believe my ex has had ample time to resolve this. He has NEVER asked the court to modify the original order in all this time.

 

[justalayman]

What are the odds the judge will allow a continuance?

given the reason, I suspect they are good it will be granted, unless there have been multiple previous requests for continuances

If the judge changes the date do I need to be served?

I do not believe so. It is generally incumbent upon the parties to keep abreast of the courts actions.

Should I still appear in court on April 11th?

if you have not verified there is a continuance, yes.

If I do will, I have the right to speak about the continuance?

not if there has been a continuance granted.

Because I believe my ex has had ample time to resolve this. He has NEVER asked the court to modify the original order in all this time.

it does not appear the continuance is due to anything your ex has done. If his lawyer is not available for that date, then it is his lawyers fault the continuance is needed.

 

[CncrndHswf]

Thank you but now..

AZ Thank you Layman.

FYI..The judge allowed me to be heard regarding continuance, neither defendent nor attorney were physically present. The continuance was denied. But because of a request for modification of alimony hearing because of significant changes medically to defendent judge ordered additional information from the defendent. I am just one person trying to fight this because I cannot afford to hire an attny.


Questions:

I would like to present the court with proof of ability to earn and proof of an outstanding workers comp claim that was never followed thru on for benefits when we were married. Do I need to send a copy of what I am to present to the court or the opposing council before the hearing? The judge has not asked for this.

Exhibits have been received by me from opposing counsel. After close review, none of what supplied will answer the judges questions of disability which will in effect, show he has no reason for reduction or termination if he has the ability to work. Should I object once introduced? Or should I object before they are introduced?

Im not quite sure to ask for as far as contempt of court for arrearages. What is most common to ask for?

Any help is appreciated.

 

[Zigner]

So, the judge denied the continuance, but then continued the hearing?

 

[CncrndHswf]

So, the judge denied the continuance, but then continued the hearing?

Yes, seems strange. But he denied attny's request for continuance based on "because he had not had a chance to review case (he was on vacation when defendent retained)". I objected, because defendent had ample time (yrs) to come up with defense. Yet, defendent is claiming entire disability for defying court orders. Judge of course wants proof of that before he proceeds with contempt charges. And Judge wants update with interest on arrearages from the court.

 

[Ohiogal]

AZ Thank you Layman.

FYI..The judge allowed me to be heard regarding continuance, neither defendent nor attorney were physically present. The continuance was denied. But because of a request for modification of alimony hearing because of significant changes medically to defendent judge ordered additional information from the defendent. I am just one person trying to fight this because I cannot afford to hire an attny.


Questions:

I would like to present the court with proof of ability to earn and proof of an outstanding workers comp claim that was never followed thru on for benefits when we were married. Do I need to send a copy of what I am to present to the court or the opposing council before the hearing? The judge has not asked for this.

Exhibits have been received by me from opposing counsel. After close review, none of what supplied will answer the judges questions of disability which will in effect, show he has no reason for reduction or termination if he has the ability to work. Should I object once introduced? Or should I object before they are introduced?

Im not quite sure to ask for as far as contempt of court for arrearages. What is most common to ask for?

Any help is appreciated.

You really need to study the local rules and rules of evidence. You want a simple answer and that is not going to happen. If you do not understand the local rules and rules of evidence then you need an attorney because you are not going to be able to state that you don't have to follow those because you are without counsel.

 

[tuffbrk]

I'm not understanding who filed for a modification due to disability if neither the attorney nor the defendant appeared? It appears that you may have left out some information.

 

[CncrndHswf]

I'm not understanding who filed for a modification due to disability if neither the attorney nor the defendant appeared? It appears that you may have left out some information.

Sorry, I was trying to be brief.

Opposing counsel at hearing "telephonically not physically present" had said "I have not had the opportunity to look at the case because of being out of town, Defendent claims disability for inability to pay and being in contempt. In addition, Opposing counsel had said that they would like to apply for modification." Judge ordered a continuance to calculate interest on arrearages, and proof of disability, and suggested opposing counsel submit the Papers for modification so that BOTH can be handled at the same time in the next hearing.

If necessary I can in private send the link to the public records explaining all of this or copy of it via that site.

 

[Zigner]

Ok, so the other party (through counsel) DID appear. Now you have another hearing scheduled.

 

[CncrndHswf]

Ok, so the other party (through counsel) DID appear. Now you have another hearing scheduled.

Yes, and defendant had to be called to be telephonically appear because of no show in court (lack of transportation). So, it did not start well for them because Judge seemed a bit irritated.