A hearing was conducted with one of the parties in prison, (payor) and payee never showed. Would this be proper for the state to act resulting in a modification and increase in child support or would this classify for a default judgement or dismissal?
2006-08-14 14:16:29 · 2 answers · asked by www.paperdragon1.com 1 in Politics & Government ➔ Law & Ethics
Assuming your state subscribes to the principals of the federal child support guidelines, which most states do, the hearing will be all about what is best for the child. If one party does not show it is not an automatic dismissal. However the party that showed up then has an oppertunity to present evidence without it being challenged.
I do wonder how an order can be increased while someone is in prison though. How are they going to pay?
It also can be appealed if done within the time frame allowed.
2006-08-14 14:26:52 · answer #1 · answered by reallyconfuzzled1 3 · 0⤊ 0⤋
What difference does it make, with one of them in prison, most likely the non-custodial parent, the custodial parent isn't going to get anything from the non cust. anyway. I don't think I understand your question. A review for increase is done whan either parent requests it, but only every three years.
2006-08-14 21:24:03 · answer #2 · answered by Flower Girl 6 · 1⤊ 0⤋