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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> failure
Jun 05
2005

Ask a Lawyer: What if I fail to appear?

Posted by Dads Divorce in out-of-state , Maintenance , KS , judgment , failure , default , Child Support , Ask A Lawyer , appearance

Question:

I've been ordered to appear in Kansas on 5/9 for a child support/payment hearing. I currently reside in South Dakota. I'm scheduled to begin school on the same date which will allow me to make enough money to pay the things that I'm court ordered to pay. I can't be in both places. What is the penalty for failure to appear.

Answer:

I am not licensed in Kansas, but in Missouri for example if this is the actual hearing, they will enter a default order against you. Everything she states is taken at face value and not challenged concerning her income, your income and the expenses of the children. She can also ask for attorney fees and will likely get them. Finally, if this is a non-support hearing you could be held in contempt and placed in jail.
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Jan 06
2002

Ask a Lawyer: Does failure to appear result in a default judgment?

Posted by Dads Divorce in WA , Rules , relief , Procedures , petition , judgment , failure , default , decree , court , Ask A Lawyer , appearance

Question:

If a petitioned person lives in another state and does not have the means to return for the divorce trial, what will be the outcome?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. Usually if the person has been served, then the Court will proceed in default against them, meaning the moving party can get all of the relief that they requested in the Petition.
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