Legal Question in Family Law in California

My modification motion, filed last year never had a court hearing and was set off the calendar at the end of this year. My trial setting conference is coming up next month,Do you think it is in my best interest to try to make this spousal support modification before the divorce trial starts, or should I wait to address this in the actual trial. The existing support order is of a "temporary" type, but it is rather large, given my current income situation. It has been in effect for about five years.


Asked on 12/20/10, 12:03 am

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

I think you may be confused. You automatically get a hearing date when you file a motion so it is not possible that a hearing was never scheduled. A hearing may have occurred and the issue was set for trial. If that is the case, you do not need to file another motion as it will be addressed at the trial. Review your case file and see exactly what happened with your motion and why the hearing was taken off calendar. Good Luck.

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Answered on 1/08/11, 1:12 pm


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