[mommy1970]

My divorce is in California. My ex who is the respondent in our divorce case is requesting spousal support and attornery fees. Her attorney showed up but she didn't. The judge didn't throw out the case she set another court date, why is this? I thought when one person doesn't show then it gets thrown out or the other person wins the argument. Instead the judge said I didn't provide accurate income information and I was treated as if I was lying about everything which I wasn't and she set the court date for next Month and said to the attorney his client needs to be there.

[N0help4u]

When one person doesn't show up it is only thrown out is only relevant in certain types of court cases (such as a victim of a crime, traffic cop not showing up [Although many conditions go according to state, township,. ]), spousal support is not one of them. Plus the attorney being there to represent her stood in her place in effect.

[mommy1970]

Well according to one attorney we talked to it should have been thrown out and we told the attorney that her attorney was there and he said but your not divorcing the attorney. So just asking are you an attorney and no you practice in CA?

[AK lawyer]

This is one of those things with which a judge has a great deal of discretion. It's up to the judge whether it will be dismissed or not. No second-guessing the judge this time. Sorry, but that's the way it is..