cancelling the motion - what is the procedure

[LovingFather32]

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.

[rockscan]

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.

[Tatyana K]

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.

[Tatyana K]

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.

[LovingFather32]

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.

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.

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.

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?

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. :-)

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.

[Tayken]

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.

Confused. You can't "cancel" a motion. As a party to the case you can withdraw from the motion but, you will have to pay the other party's costs (per the Rules) and the other party can still continue with the motion.

There is no way to "stop" a family law matter without either an order being issued or both parties settling the matter on consent.

So, if someone starts a court action it will go through the process like it or not. You can't simply "cancel" the motion/application/trial/conference. You can request for an adjournment.

Like it or not the motions will proceed even if you withdraw from them. You can't start something and then cancel it. The other party has full right to respond and continue forward.

That is why everyone should be mindful of what they bring to court. You can't get out of it easily. You either settle out or order out. There is no get out of jail free card.

It sounds like you are unrepresented. Is that correct? In other threads it sounds like you have a lawyer.

If you do not have a lawyer you should get one as soon as possible. You are not capable of representing yourself. (Just being honest.)

Good Luck!
Tayken

[Tatyana K]

Hi Tayken,

I know I can't represent myself. I had a lawyer for previous case. Now I have an agent, who is a lawyer but who lets me do some work, I can do drafts of affidavits or write regular responses to the other lawyer., so can save some money this way. She checks and corrects affidavits and only then submits to courts and speaks in court for me. I just don't want to disturbs her and incur into more costs. So, I ask some questions here.

I understand I can't stop the motion of the applicant, but as respondent I filed a cross motion which now I am unconfident if was right decision to do as I think it will result in nothing and only more costs. So, my question was about it. Thanks for your reply.

[Tayken]

I understand I can't stop the motion of the applicant, but as respondent I filed a cross motion which now I am unconfident if was right decision to do as I think it will result in nothing and only more costs. So, my question was about it. Thanks for your reply.

You can withdraw the cross motion but, any costs incurred you will be responsible in paying for.

[Tatyana K]

this is how I understood it, thanks

[Tayken]

this is how I understood it, thanks

Don't motion / cross a motion unless you really intend to.