Q: Not notified of ex's custody hearing, suspect deceit in SC.
I'm currently in the process of modifying custody terms and dealing with issues related to non-payment of child support from my ex-partner. He was ruled in contempt twice, but recently received a year-long deferment for payments by misleading the court. Neither my lawyer nor I were notified or served regarding the deferment hearing, and the same lack of notification has happened to another person involved in a custody dispute with him, which seems suspicious. How should I address the lack of proper notification and the possibility of deceit in court with regard to both cases?
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If you were not notified of your ex’s custody hearing and suspect deceit, the first step is to formally address the lack of notification with the court. You should request a hearing to explain that you were not informed of the deferment or any related proceedings, and ask the court to review the situation. It’s important to keep a record of all communication and any discrepancies regarding notification to support your case.
You can also bring up the possibility of deceit, especially if you have evidence that your ex-partner misled the court regarding child support payments. If there is a pattern of improper notification, this may be grounds to have the previous rulings reviewed or modified. You might need to file a motion to reopen or reconsider any decisions made without proper notice to you.
Since you are actively working on modifying the custody terms, it’s crucial to communicate with your attorney to ensure they are aware of these issues. They can help you request a formal review of your case and help protect your rights. If needed, your attorney can also assist you in filing for an emergency hearing or requesting a temporary order to address any immediate concerns.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If you were not notified of your ex’s custody hearing and suspect deceit, the first step is to formally address the lack of notification with the court. You should request a hearing to explain that you were not informed of the deferment or any related proceedings, and ask the court to review the situation. It’s important to keep a record of all communication and any discrepancies regarding notification to support your case.
You can also bring up the possibility of deceit, especially if you have evidence that your ex-partner misled the court regarding child support payments. If there is a pattern of improper notification, this may be grounds to have the previous rulings reviewed or modified. You might need to file a motion to reopen or reconsider any decisions made without proper notice to you.
Since you are actively working on modifying the custody terms, it’s crucial to communicate with your attorney to ensure they are aware of these issues. They can help you request a formal review of your case and help protect your rights. If needed, your attorney can also assist you in filing for an emergency hearing or requesting a temporary order to address any immediate concerns.
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