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  • cancelling the motion - what is the procedure

    Hi,

    I have a question, I have a motion to take place in a month about addition of the parties to the case and financial disclosure (Family law). This is what the judge scheduled at case conference. I have already sent a letter to the other lawyer stating that I approve those motions as to the content and form to take place on certain date in December. I consulted with some alternative legal counsel and now i am thinking maybe they are something I don't want to do as I don't want this case to be developed into something big but maybe by doing this motion I only complicate it. Does anyone know the rules if I can cancel that or it is too late at this point? No papers on motion like affidavit and notice of motion has been filed so far.

  • #2
    If you made an offer to settle. You can revoke it. Until you sign something nothing is final.

    What is the reason you changed your mind?


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    • #3
      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.

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      • #4
        You can withdraw. But you have to pay their costs.


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        • #5
          ok thanks, I will probably proceed then)

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          • #6
            Originally posted by Tatyana K View Post
            ok thanks, I will probably proceed then)


            Make an offer to settle though. If you get as favourable or better results than your offer them you are entitled to costs. Same for the other side.


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            • #7
              nothing to settle, he wants to reduce child support and i don't, i can't agree on anything else, if he does not negotiate, then judge will decide.

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              • #8
                he signed final agreement a year ago and there is no change of circumstances in terms of child support, so i won't agree on his motion, so we won't settle unless he wants to withdraw his motion which he wont

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                • #9
                  I would say wanting to move the child permanently to another country, substantially reducing his time with the child while substantially increasing his costs to see the child would be a pretty clear cut material change.

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                  • #10
                    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.

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                    • #11
                      cancelling the motion - what is the procedure

                      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; 11-07-2016, 12:46 AM.

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                      • #12
                        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
                          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
                            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, 10:22 AM.

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                            • #15
                              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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