What can I file to have my court date extended until I can hire an attorney?

Full question:

I went to court via telephone. This is a child support issue. They are trying to double the support based on 1994. Since then my C-Corp has taken a plunge and I can't pay what the original order was. They want a P and L. Now, I have another date set for the beginning of February. I need to file some sort of motion for a later date in order to gather information and hire legal council. The attorney that I want to retain is not open until later. How does one go about doing this? what forms do I need for a later court date and modification of child support. The custodial parent lives in California.

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Texas

Answer:

A motion for continuance may be granted in the court's discretion to allow a party more time to act in a litigation matter. The court will often grant the motion when the moving party can show a justifiable reason for the delay and is not seeking a delay merely for the purpose of delay or for an improper or harassing motive. Requiring additional time to obtain evidence, witnesses, or assistance of counsel is generally considered a proper motive. The court is more likely to grant a continuance when there hasn't been a previous request(s) for additional time. Sometimes a continuance may be stipulated to by the opposing party's attorney and the court may be more likely to grant the continuance when it has been stipulated to by the opposing party or their attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A motion for continuance is a formal request to postpone a court date. It is typically used when a party needs more time to prepare their case, gather evidence, or secure legal representation. Courts usually grant these motions if there is a valid reason for the delay, especially if it is the first request. If the other party agrees to the postponement, it increases the chances of the court approving the motion.