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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 11-06-2016, 11:43 PM
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Default cancelling the motion - what is the procedure

Quote:
Originally Posted by Tatyana K View Post
i have no mobility issue in court now, if it comes in place, i will treat it right. this is just a motion to change final order from father's side. nothing to do with relocation.


If the court finds a material change and his child support gets reduced, than you could be ordered to pay his costs. I guess that is regardless of an offer to settle or not. If you do offer less child support than he will of course accept it.

You could offer him that child support stays same and you don't expect any costs from him for his motion , that way you have said hey, you're being unreasonable but I will let you get away with the fees. If he loses than you could how the judge that you were willing to let him off but he wanted to peruse a proceeding that had no merit. Maybe my logic is a bit off.

Can you explain in one short sentence why he wants to reduce child support?


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Last edited by trinton; 11-06-2016 at 11:46 PM.
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  #12 (permalink)  
Old 11-07-2016, 07:45 AM
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he has unclear business, two corporations, noone understand how it works and what generates income for him and for corporation, he draws personal income, any figure, he did not want more investigation. on the brink of trial he signed settlement agreement for impute income. it was one year ago. salaries for last seven years, I mean his personal income, were also under what he signed to pay, salaries were always relatively low. offiicial salary this year is even higher than last year but still under what he signed in impute income himself and now after a year from settlement he filed a motion to change , wants to pay from real income versus what he signed in settlement. at case conference judge was angry and told him where is change of circumstances. he wants to pay only 200 $ less per month but pays thousands to his lawyer to take this money from the child but this is just an observation.
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  #13 (permalink)  
Old 11-07-2016, 08:43 AM
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Quote:
Originally Posted by Tatyana K View Post
this is a motion to reduce child support from him which provoked a motion to addition of the parties and financial disclosure from my side in return. no settlement here, just wondered if i can cancel my motion, it is already scheduled in court. i am doubting now if I need to dig into it and incur into more costs without any good outcome in the end.
So he's the applicant for the motion to reduce CS? What are his reasons? I thought a CC judge suggested to him that he could not without any valid Material Changes of Circumstance? You cross-motioned for financial disclosure, etc?

I think you first need to work on the most pressing issue ... your desire to uproot the child up and away from everything he knows. including father and family .. and perhaps think about $$$$$ after.
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  #14 (permalink)  
Old 11-07-2016, 09:19 AM
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Also .. you say it's not a mobility issue...but it is. In fact the father will bring it up in court and ask for a clause for you to not be able to relocate with child.

I brought this up in court with my ex as I posed her a flight risk early on. The judge asked her very bluntly if she planned on moving. If this happens to you keep in mind everything is transcribed and recorded. Just a warning that Dad will probably bring up your plans..... so you better be ready to talk mobility.

I'm guessing that's why you want to cancel. I would too.

Last edited by LovingFather32; 11-07-2016 at 09:22 AM.
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  #15 (permalink)  
Old 11-07-2016, 12:38 PM
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Lovingfather.I talk about father's motion to change final order here in regards to child support . Please go off topic in other threads.
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  #16 (permalink)  
Old 11-07-2016, 12:41 PM
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Quote:
Originally Posted by Tatyana K View Post
Lovingfather.I talk about father's motion to change final order here in regards to child support . Please go off topic in other threads.
And I'm saying he will bring up your plans to relocate as part of his quest to reduce CS. That you better have some answers if you go forward with the motion. I fail to see how I'm off topic. Just giving some advice.
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  #17 (permalink)  
Old 11-07-2016, 12:43 PM
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Im confused...

Childs father filed a motion to reduce child support and it will be heard in December and you don't have a problem with the motion but don't want to attend? You're not making any sense with your posts. Language barrier aside, you need to outline the situation when you ask a question. You cant cancel a motion the other side filed.

The mobility item will be a separate motion you have to file if he doesn't consent to the move. You're confusing the two things.
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  #18 (permalink)  
Old 11-07-2016, 01:12 PM
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Father filed a motion to change final order and reduce child support, we has CC on it where my lawyer filed a motion for addition of the parties and financial disclosure as we don’t agree with father’s position. I had alternative consultation and I am not sure if I should have done this motion from my side because as with previous case, digging into finance does not lead to anything, unless it goes to trial. Judges don’t read it all. I am concerned I drag myself into all this expenses while it could be just simpler. Instead of asking father to do financial disclosure, maybe I should have just asked him to prove to the judge what has changed in his circumstances so that he wants to reduce child support, when salary is even higher than last year and settlement was signed a year ago only.

Well, it looks like my motion will proceed since I can’t cancel without incurring costs, I will just ask for minimum for financial disclosure, I just don’t want to drag into all this again as it is not my problem, it should be father’s problem to prove to a judge why he can’t pay, not me opening his bank accounts and corporations.


Loving father, I have no any mobility case now, please, note, I don’t talk about it in this thread. If I face mobility case, I will ask myself to reduce child support so father can travel to see the child and I will offer other access type but this is not to be discussed here…This thread if for something else.

I am living my ordinary life now in town and wonder why child should be deprived of additional 200 $ per month if his father has no change in circumstances when it comes to his earnings. If I have signed this motion to change and agreed on it all, it would lead to another claim like that next year until he just does not pay at all. He would just keep reducing his income until it comes to zero.


I obviously spend more on lawyer and it is cheaper for me to support my child myself but father has to learn his lesson, hopefully judge will put costs on him in the end. She was angry at him. I will be asking for leave of court for further claims like that. He pulls me in court for 3 years now and whatever he did not get on settlement, he wants to get now. It is not so easy to overcome the law though.
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  #19 (permalink)  
Old 11-07-2016, 01:17 PM
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Rockscan, it is loving father member here who confuses two things. He talks about mobility in this thread which is not dedicated to that topic. I am not facing mobility now, I was asking about potential mobility case as I might have to deal with it in future but it was in the other thread.

I am again in courts now but I deal with father applicant who filed motion to change final order. Final order took place a year ago. He wants to reduce child support and to increase his access. Our schedule assumes he gets more access in a year but he asks for that right now. And for child support, he has signed under impute income, no change in circumstances, but he wants to reduce it.

Judge was mad at him at CC because she understands that he has money and keeps suing me to pressure me to give him whatever he wants what he did not get during settlement.
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  #20 (permalink)  
Old 11-07-2016, 02:00 PM
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Quote:
I am living my ordinary life now in town and wonder why child should be deprived of additional 200 $ per month if his father has no change in circumstances when it comes to his earnings.
The father sounds like he has good counsel. What makes you think he has no material change of circumstances? I'm sure he has a very nicely prepared case.

Quote:
I just don’t want to drag into all this again as it is not my problem, it should be father’s problem to prove to a judge why he can’t pay, not me opening his bank accounts and corporations.
I believe he will have a Financial Statement (Form 13) all filled out detailing the changes of circumstances that warrant a decrease in CS. In fact I do believe these to be mandatory, especially in cases involving finances and CS.

Quote:
If I face mobility case, I will ask myself to reduce child support so father can travel to see the child and I will offer other access type but this is not to be discussed here…This thread if for something else.
Oh I misunderstood. I thought you were "starting" a case for relocation (based on your other threads). CS, access time, etc are EXTREMELY related to that, which is why it keeps being brought up.
Quote:
I am living my ordinary life now in town and wonder why child should be deprived of additional 200 $ per month if his father has no change in circumstances when it comes to his earnings.
You said your child is doing great, in sports, friends, school. The "deprivation" you describe doesn't sound that significant. And again, he may have a material change of circumstance that you're unaware of. Speaking of deprivation, try being deprived of shared custody or 50/50 access to your own child. That's what you've "deprived" your child of with his father thus far. Can you really not see your own actions?

Quote:
I obviously spend more on lawyer and it is cheaper for me to support my child myself but father has to learn his lesson
Learn his lesson? I feel like Hillary Clinton here. Keep talking. :-)

Quote:
He pulls me in court for 3 years now and whatever he did not get on settlement, he wants to get now
That's amazing. What a great father to keep fighting for shared custody and regular parenting time. Too bad you're against it. He doesn't sound like a deadbeat to me.
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