If an application for a motion to change has been served on the opposing party, is it correct to assume that they have a maximum of 30 days in which to respond?
The motion to change relates to the adjustment of child support which our existing agreement encourages parties to do so via consent on an annual basis. I have sent numerous letters to try and settle this, including an offer to settle since October of last year. Having received no response what so ever, I was forced to bring forward an application.
The "Application" was served by the clerk at the court house when the opposing party came into file their own papers on another matter last month. The clerk has completed an affidavit of service to the effect, so there is no opportunity to dispute the fact that service was never carried out.
If the opposing party fails to respond, can one then submit a 14b motion on the basis that no response was received in the time given and therefore it is reasonable to assume the motion is unopposed.
Has anyone any experience of having done this successfully?
The motion to change relates to the adjustment of child support which our existing agreement encourages parties to do so via consent on an annual basis. I have sent numerous letters to try and settle this, including an offer to settle since October of last year. Having received no response what so ever, I was forced to bring forward an application.
The "Application" was served by the clerk at the court house when the opposing party came into file their own papers on another matter last month. The clerk has completed an affidavit of service to the effect, so there is no opportunity to dispute the fact that service was never carried out.
If the opposing party fails to respond, can one then submit a 14b motion on the basis that no response was received in the time given and therefore it is reasonable to assume the motion is unopposed.
Has anyone any experience of having done this successfully?
Comment