What if one party skips out on CS hearing?

[The_Non-Mom]

What is the name of your state (only U.S. law)? Wisconsin

So Dad has filed for a reduction in CS and served Mom (thank for your help on that, Z!). Hearing is on May 6.

Just out of curiosity (my own, not Dad's), what would happen if Mom chose not to show up for the hearing? Dad is asking the court that his CS payments be calculated using the shared-time payer formula. This formula takes into account Dad's income, Mom's income, and child placement. If Mom doesn't show up to the hearing, wouldn't the judge grant Dad's request automatically? But then what income would the judge use in the formula if Mom wasn't there to present evidence as to what her income is?

I know this is a hypothetical question. I don't know why but I get the distinct impression that Mom is not going to show at the hearing. So any answers are merely for my own entertainment value at this point.

 

[TNBSMommy]

Every time my ex didn't show for court, I got what I asked for, and in one case, more than I asked for....

 

[Gracie3787]

What is the name of your state (only U.S. law)? Wisconsin

So Dad has filed for a reduction in CS and served Mom (thank for your help on that, Z!). Hearing is on May 6.

Just out of curiosity (my own, not Dad's), what would happen if Mom chose not to show up for the hearing? Dad is asking the court that his CS payments be calculated using the shared-time payer formula. This formula takes into account Dad's income, Mom's income, and child placement. If Mom doesn't show up to the hearing, wouldn't the judge grant Dad's request automatically? But then what income would the judge use in the formula if Mom wasn't there to present evidence as to what her income is?

I know this is a hypothetical question. I don't know why but I get the distinct impression that Mom is not going to show at the hearing. So any answers are merely for my own entertainment value at this point.

During the modification process both parties have to file an income and expense statement. If Mom were to not show up, the court would use the filed statement to base the CS amount on.

If the state CSE agency is involved, they will be there to show what Mom's income is also.

 

[The_Non-Mom]

Very helpful. Thanks!

 

[Zephyr]

Dad definitely needs to be prepared to submit proof of proper service. In the rare occasion a judge will reschedule the hearing. If s/he isn't feeling generous, dad will get exactly what he is asking for, the logic is- apparently the other parent doesn't object or they would be here objecting.

Having the proof of service could mean the difference between dad's request being granted and the hearing being rescheduled.

 

[The_Non-Mom]

Dad does have proof of service. Per the Wisconsin self-help website, he only needed to serve via mail for the Motion (as opposed to in person for a Show Cause). He mailed the papers to Mom via USPS with signature receipt, and he has the printed copy of the verification that she signed for the envelope on Tuesday. So I think we are all set there!

Another crystal-ball question for you - The Motion specifically says that both parties need to come to court with the completed Asset and Income Statement and all necessary documentation (last year's W-2's and the most recent pay stub). What if Mom comes to court empty-handed? Is the judge likely to reschedule based on Mom coming to court without the proper paperwork?

Can you tell I am super nervous about this? Mom and Dad have managed to stay out of court for two years, so I am so emotionally unprepared for this simple hearing. Thank God Dad is the level-headed one between the two of us!