Log in

View Full Version : Can I ask the court for more time to reply to a summons?


dbell1013
Jan 10, 2011, 03:57 PM
I was served with the summons on January 4, 2011 and have 20 calendar days to respond. My issue is that I am 9-months pregnant awaiting the arrival of my son within the next few days via c-section and have been on bed-home rest for the past couple of months. Before responding I would really like to be better prepared by visiting an attorney as soon as I am able following the surgery. How should I proceed with a request for more time to respond or with a response period? My issue can be verified by contacting both my obstetrician and specialist as this is a high risk pregnancy. The summons is in regards to my ex-husband's petition to modify an existing court order for child support in which he is asking for a decrease in payments. Thank you.

ScottGem
Jan 10, 2011, 03:59 PM
You can apply, not sure if it would be granted.

dbell1013
Jan 10, 2011, 04:02 PM
Thank you... do you have any idea of the process? Do you know if I can reply to the summons with my request for more time?

ScottGem
Jan 10, 2011, 06:17 PM
Write a letter to the court explaining the circumstances,

Fr_Chuck
Jan 10, 2011, 06:19 PM
And you may want to call the court clerk and ask if there is a special form they need.

AK lawyer
Jan 11, 2011, 02:05 AM
You can apply, not sure if it would be granted.

I don't see why not.

Include with your letter to the court letters from the health care providers you mention. Be sure to show, in your communication to the court, that you have sent copies to your ex husband's attorney. In fact, you might want to contact the attorney first, and see if he/she would oppose a reasonable extension of time.