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What Happens when Custodial Parent Doesn't Show Up to a Support Hearing

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  • 11-11-2015, 09:29 AM
    RJ2697
    What Happens when Custodial Parent Doesn't Show Up to a Support Hearing
    My question involves child support in the State of: NORTH CAROLINA

    WHAT HAPPENS IF THE CUSTODIAL PARENT SETS UP A HEARING FOR MODIFICATION OF CHILD SUPPORT IN THE NON-CUSTODIAL PARENT'S FAVOR BUT THE CUSTODIAL PARENT DOESN'T SHOW BECAUSE THEY HAVE CHANGED THEIR MIND? DOES THE NON-CUSTODIAL PARENT HAVE ANY CHANCE OF SETTING THAT MOTION IN PLACE?
  • 11-11-2015, 09:37 AM
    readytoleave
    Re: What Happens when Custodial Parent Doesn't Show Up to Hearing
    Why was the modification requested in the first place?
  • 11-11-2015, 10:13 AM
    RJ2697
    Re: What Happens when Custodial Parent Doesn't Show Up to Hearing
    Quote:

    Quoting readytoleave
    View Post
    Why was the modification requested in the first place?

    It was a request to suspend the child support.
  • 11-11-2015, 10:44 AM
    Mr. Knowitall
    Re: What Happens when Custodial Parent Doesn't Show Up to a Support Hearing
    The custodial parent can withdraw the motion, such that there is no hearing at which one would even show up.

    If the hearing remains on the docket, the court can hold the hearing in the absence of one of the parties and can make a ruling based upon whatever evidence is before the court. It is also possible that the court would dismiss the motion based upon the moving party's failure to appear.
  • 11-11-2015, 10:53 AM
    RJ2697
    Re: What Happens when Custodial Parent Doesn't Show Up to a Support Hearing
    Thanks! Would showing messages from the custodial parent saying that they're going to purposely miss court have any affect on the ruling?
  • 11-11-2015, 10:57 AM
    Mr. Knowitall
    Re: What Happens when Custodial Parent Doesn't Show Up to a Support Hearing
    If the court is inclined to adjourn the hearing, such messages might inspire the court to instead dismiss the motion. If the court proceeds with the hearing, the court is going to do so with full understanding that the moving party is not present.

    It seems like it would be difficult to establish grounds for deviating from the child support formula without the presence and cooperation the custodial parent / moving party.
  • 11-11-2015, 11:02 AM
    RJ2697
    Re: What Happens when Custodial Parent Doesn't Show Up to a Support Hearing
    Ok. Thanks for your help!
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