Respondent Wants to delay Court Apperance

divorceman

I would appreciate any advice on the following

I served a summons on ex to appear in circuit court to vary maintenance
(Son not in Full time education and is working full time, therefore he is no longer dependent within the Family Law Act)

and her solicitor has advised me that she has had a bereavement recently and wants to seek a short adjournment.

I think this is a white lie as there was no bereavement recently, and she is just trying to extend the length of time she receives the maintenance.

the questions are

1 Will a judge normally allow an adjournment without evidence of a bereavement

2 If the judge allows an adjournment can i request suspension of maintenance payments until we return to court.

Thanks in advance for any advice.

lifeandtimes

Im not being smart but what kind of evidence should she provide to confirmed a bereavement? If it's her uncle or whatever she's hardly going to be in possession of a death certificate. And unless there is a history of delaying cases with shoddy excuses I don't see a judge not adjourning on compassionate grounds.

Also if there is a court order rin place this will still be in place until the court hearing is heard.

But what I'd like to question is if your child is in full time employment and is not in school what age is he? After 18 and if he is in these circumstances you don't have to provide maintenance and the court order is finished

coylemj

lifeandtimes wrote: »

Im not being smart but what kind of evidence should she provide to confirmed a bereavement? If it's her uncle or whatever she's hardly going to be in possession of a death certificate.

All she has to do is supply the name, date of death and her relationship to the deceased. It can then be quickly checked in the papers and/or rip.ie If she's not prepared to even do that then the OP is well entitled to assume that's it's a delaying tactic.

GrayFox208

lifeandtimes wrote: »

Im not being smart but what kind of evidence should she provide to confirmed a bereavement? If it's her uncle or whatever she's hardly going to be in possession of a death certificate. And unless there is a history of delaying cases with shoddy excuses I don't see a judge not adjourning on compassionate grounds.

Also if there is a court order rin place this will still be in place until the court hearing is heard.

But what I'd like to question is if your child is in full time employment and is not in school what age is he? After 18 and if he is in these circumstances you don't have to provide maintenance and the court order is finished

Could have dropped out.

Pat Mustard

Mod:

divorceman wrote: »

1 Will a judge normally allow an adjournment without evidence of a bereavement

2 If the judge allows an adjournment can i request suspension of maintenance payments until we return to court.

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