Emergency Hearing for Child Support

Updated on September 17, 2010
S.G. asks from Tecumseh, OK
4 answers

ok so no child support is ordered in my divorce decree (long story). I'm fixing to get a small retainer fee to an attorney to get support ordered. has anyone heard of an emergency hearing for stuff like this and how long did take to see a judge? in response to some questions support was not ordered when the divorce was finaled cause 50-50 visitation was ordered and we made about the same. well i moved pretty far out (but still within my litigation of the order) so he volunteered the days up that gave him 50-50 visitation that's been excercised since (plus she's school age now so that doesn't help him). I'm trying to get this done asap so i can also have the right to claim her on tax this year (his year) as well as next (is normally my year) since he has not paid any child support.

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A.S.

answers from Davenport on

I am not familiar with OK law but from what I know in my state and several others child support is set based on child support guidelines (a formula) so your attorney and your ex's attorney should be able to review child support guidelines, agree on the number the program spits out and then just have a judge sign the child support order during an order hour (then there is no need for a hearing). You can't really argue about child support because it is a computer calculation and whatever is owed is owed. Check this out: http://www.okdhs.org/onlineservices/cscalc/

1 mom found this helpful

V.W.

answers from Jacksonville on

No. I've never heard of an emergency hearing just for child support. Doesn't mean it can't happen, just that I've never heard of it. They are usually more for things involving custody/visitation (one parent wants to move away and take the kids or there is a sudden safety issue for some reason) or access to the familial residence or disposing of property (selling stuff).

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B.M.

answers from Chicago on

Hi S.,

My divorce was in Canadian County. My ex and I had HUGE issues aggreeing on, well, just about anything from basics to what color is the sky!!! lol. So, we ended up seeing a judge for each milestone of the divorce.

We did do an emergency hearing to set visitation ONLY. The judge said that he couldn't set support at that time, we had to follow the state guidelines and then it would be determined if anybody owed anybody any backpay at the regular hearing (which, if I recall) was within 60 days.
However - that was 5 years ago.

I'm not sure of the back history of your case on why support was not ordered, so you may have extenuating circumstances where they may do an emergency hearing.

Also, I agree that you could just have your attorney negotiate with your ex's attorney (assuming that he has one). If he will agree (HA!) nicely then you don't even have to go infront of the judge. Your laywer draws up papers and sends to his laywer. He signs and then the laywers can get the judge to sign pretty quickly. We had to keep going in front of the judge b'cuz we couldn't agree on anything.

Good luck!

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G.B.

answers from Tulsa on

I think your attorney would know the answers to these questions. Do you have to go to the county your divorce was in to go to court? I did, I lived in Stillwater and had to drive to downtown OKC. It was time consuming and annoying to have to take off time from everything at home. I just hated it.

I don't know about the court time line, it changes every day since the cases are various and different every day. You might try a mediator at first instead, that way if you 2 can't agree and then go before the judge to get it signed and be done then you will have documented evidence of the issues and it will go faster. The judge will have the documents in front of him and be able to read them before hand and be ready.

If he decides to make you go by the standing order you are going to have to do it, or be in violation. That would be my main fear. You don't want to be brought before the judge for violating a standing court order. It is obviously out of date but you do need to get it addressed ASAP.

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