What if mother doesn't show for hearing?

[difficult3]

What is the name of your state? Pennsylvania

My husband filed for a support modification and has a hearing October 12th. What really happens to his ex-wife if she doesn't show up? I'm guessing that she'll just get a slap on the wrist and they'll reschedule.

Of course if it was him that didn't show I'd bet there would be a bench warrant issued like the hearing order states.

 

[VeronicaGia]

What is the name of your state? Pennsylvania

My husband filed for a support modification and has a hearing October 12th. What really happens to his ex-wife if she doesn't show up? I'm guessing that she'll just get a slap on the wrist and they'll reschedule.

Of course if it was him that didn't show I'd bet there would be a bench warrant issued like the hearing order states.

She will lose by default, unless the judge is in a good mood and decides to postpone. Usually, this will be a victory for the petitioner. Default orders are almost impossible to overturn. Hope she doesn't show up and doesn't contact the court to reschedule prior to the hearing.

 

[SingleMom67]

Hang on a sec, Veronica. In PA, typically you have to go in front of a conference officer first. Poster, has your husband gone in front of the officer yet or is the hearing on the 12th to be in front of the Master (next level up)? The reason I ask is because if it's in front of the conference officer, the ex won't necessarily lose by default. What happens is the hearing will proceed without her. (And obviously she won't be able to rebuke any information that might be presented to the officer.) The officer will "run the numbers" based on what your husband brings to the table and keep the existing numbers for the ex. They'll go by the information they have in their files. A temporary order will be entered (assuming there's a change) and the ex will have ten days from the date of the temporary order to appeal and request a hearing in front of the Master.

If, however, the case happens to be in front of a Master already, most likely they'll postpone/reschedule a new date in order to verify proper postal service on her. The ex is in PA as well?

Lastly, with regard to your statement, "Of course if it was him that didn't show I'd bet there would be a bench warrant issued like the hearing order states." If it makes you feel any better, I had to go to court EIGHT times with my ex failing to appear seven of those times before they issued a bench warrant on him. Here in PA, at least, it's definitely NOT a gender thing!!

 

[difficult3]

This will be a first hearing in front of a court officer after he filed for modification. He is trying to prove she is no longer working yet is still taking daycare money. His only proof is emails from her where she finally admitted she stopped working. Plus his youngest is in kindergarten now so his daycare needs changed anyway.

Also..new wrinkle as of a few hours ago. My husband lost his job. Now hoping for a temporary reduction.

She is in Missouri...but we are in PA and support is done through PA.


And thanks for the gender advice. We're just very frustruated by how she continues to work the system and even the PA people at domestic relations tell us how much mom's like her get away with. Whether you're the custodial or the non-custodial parent it seems like the laws seem to punish the good, well meaning parents and reward the selfish ones. She is holding his children hostage in Missouri and is married to a millionaire while we are spending every dime just to let him see his kids and struggling in a one bedroom apartment.

 

[SingleMom67]

Sorry I didn't respond back to this sooner. I don't know if anyone else is having trouble, but I'm getting kicked out of the site a lot (yesterday and today). Anyway, thanks Blue for backing how it works here in PA. Every state's different. Just clarifying how they do it here and what the poster can expect to happen.

To difficult3, hang in there (you and hubby). The process takes awhile. I just wanted you to be assured that it's not because she's the mom that the PA courts take so long to do anything or even to enforce anything. It's definitely not gender biased!!!! As far as getting the reduction for the daycare, he will most likely get that, especially if mom doesn't show up. Make sure he brings his hard copy proof because if she shows up and says that she's paying X amount of money in daycare and it's signed by someone, they'll accept that. I have been surprised time and time again how PA courts don't verify daycare costs at all.

As far as him losing his job, I have to warn you that I doubt they'll take that in to consideration. Temporarily, maybe, but PA courts are not known for doing even temporary reduction orders. Just a heads up on that one. GL and keep us posted!!