Q: I have a spousal support modification hearing March 1st. I just found out my terminally ill mother will be passing in
the next few few weeks. I thought I could ask the court for continuance so I can fly back to the east coast for her passing/ funeral. I am now being told there would have to be an exparte hearing because the other party won't agree to it and more than likely he will ask for Temporary orders and get them...I don't understand this. A death in the family means I suffer consequences?
A: All it means is the other party won't agree so you have to get the court's permission to continue the hearing. It's not that you are suffering consequences of having a family member take ill. The court has no idea what is going on in your personal life until it is brought to the court's attention. So bring it to the court's attention.
A: The purpose of a request for emergency orders is to address matters that cannot be heard on the court's regular hearing calendar. The process is used to request that the court make orders to help prevent an immediate danger or irreparable hard to ta party or to the children involved in the matter, or make orders to help prevent immediate loss or damage to property subject to disposition in the case or to make orders about procedural matters such as setting a date for hearing or rescheduling a hearing or trial. Please discuss your particular case with a family law attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
