Q: can i move up a court date if ive been having a case open for over a year? its a child support case
weve had numerous cases that never seen a judge claiming that she hasnt been served. today i got papers on a case & said it was a legal service on the other party. the last case we thought we had the child support payments stopped through the army & we didnt put it back on trying to figure out the court order. will we have back child support to pay? & were pressed for time as my family will be moving to hawaii in a little over a month. weve been paying 649 every month since 2013 through allotment. & before that through money order. please help as i want to do right by my child & not support the mother. i also open the case against myself to lower payments since i have a wife w/2 children on one income.
A:
Moving a pre-scheduled court hearing earlier is theoretically possible if both the opposing party agrees and the court is not booked (very, very unlikely). If you do not have a firm date for a hearing, then you can file a motion for say a "temporary order hearing" or "permanent order hearing" (if you do not have an attorney, contact the courthouse about how to do this...).
Turning to you substantive questions, generally delays (for whatever reason) are counted for back child support. If you are current AND gain a reduction in payments you can request a retroactive application up to the filing date (some judges are very hostile to this idea, while others can be persuaded...). If you are not current, then the normal payment plus interest and penalties normally does apply (there are some exceptions to some penalties).
Lastly, if the case is really dragging on (which can happen in highly contested cases), look into filing a motion for temporary orders (esp. for reduction in support payments). You may need an attorney.
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