child support

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Show Cause

An order directing a person to appear and bring forth any evidence as to why the remedies requested should not be granted. A show cause order is usually based on a motion and affidavit asking for relief.

Question: Show Cause? I just asked this question in another category - http://answers.yahoo.com/question/index;… I called the Clerk's Office to see what they would advise me to do and they said I could file a "show cause" regarding the child support and I could file to amend the joint legal custody. What exactly is a show cause? Also, the address I have for him is his parents address. From what I've heard, he's moved out of there and in with a friend of his. What will happen if he's not at the address I have when they deliver the court summons?

Answer: In New York an Order to Show cause is a separate one page petition that summons the other party to court. It usually just states that you (the petitioner) summon him (the respondent) in reference to the the child (Johnny). The clerk will fill in a date and time for the court appearance and there may be a separate clause stating that until the scheduled court appearance the petitioner retains exclusive rights to visitation, pending further order of the court. I've never heard of you needing to submit evidence with it. But that is just here in New York...could be different in Virgina. The court clerk should give you all the paperwork you need, or at least tell you where to access the petition. As for the address...you can file it under his parents address and indicate that this is his last known address. If you find out his friends address you can also submit that to the court. What usually happens (at least with my FC judge) is the first time they serve him they will just do it by registered mail. If they can't serve him that way they will use law enforcement. If they can not find him to serve him then they may leave it up to you to serve him or may throw the case out, which is why it is important to give the court all the addresses (including work address) that you have for him. Good luck!!!!

 


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