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Court. In your state what happens if ....

HisChamaoleGirlHisChamaoleGirl member
in Blended Families

One party does not show up? Either the person and or their representation doesn't show on the designated court date?  I am assuming this varies by state. The reason I ask is bc I was going through DH file from his last lawyer and every month for 11 months BM lawyer didn't show up. I thought there would be some sort of consequence for wasting the courts time . Is anyone familiar with this situation?

BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012

BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013

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Re: Court. In your state what happens if ....

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    kali55kali55 member
    I'm from Canada but its my understanding that they make a ruling regardless of whether both parties are there or not, taking into account who didn't show up


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    CFjo2010CFjo2010 member
    It really depends on what the hearings are for.  In California, depending on the type of hearing, a default judgment is made.  Meaning:  if the hearing is regarding a divorce, the party who has shown up gets what they want; in a CS hearing the parent that showed up gets to say what they think the other party makes each month and the CS amount is ordered based off that amount; in a custody/visitation hearing, the party who showed up basically gets whatever they asked for in their Court filed paperwork.  These defaults are usually only done after a party fails to appear a few times.  Even then, the party who failed to appear can file (within 6 months I believe) to have the default judgment overturned.  In family law cases, things are never truly "over".
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    Amanda88Amanda88 member

    My H and I just experienced a similar situation. We went in for temporary orders and BM did not show up. Her lawyer asked for a continuance and the judge granted it. Our lawyer then proceeded to file for a final hearing and it was granted because the judge had already granted BM 2 continuances. Our final hearing is now set and according to our lawyer if she does not show up my H will take the stand and explain why we want visitation/child support modified. We will also have to present our supporting evidence, and then the judge will grant what we have filed with the court.

    I feel that in Texas it is very dependent on how the judge feels about the situation and how many times the other party has not shown up.  

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