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Motion to Change - response time?

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  • Motion to Change - response time?

    Hello all. First post here though I have been following these boards for quite awhile now.

    My situation is yet another high-conflict one, has been for almost 10 years. Ex has been uncooperative and combative, and I've had to go back to court a couple of times. Both times I was the applicant, both times I was successful and ex had to pay most of the costs. It's been awhile (not smooth sailing at all, but was just trying to avoid paying lawyers, delaying the inevitable).

    I recently had to file a motion to change (related to child support and s7 expenses) which stated ex had 30 days to respond. We are long past the 30 days, but no response. My understanding is that the first appearance coming up is to set a date for a case conference.

    Because I haven't had to deal with the courts in awhile, what's the typical wait time to the actual conference? Also, if the respondent hasn't replied to my initial motion, can they bring up issues not related to the motion I filed at the actual case conference. Ex is making a lot of noise about this but I haven't seen anything filed as of yet.

    Thanks in advance for your advice.

  • #2
    From what I understand, at the first appearance you can let them know you don’t have all the required documents. But they can be ordered at the case conference. The timelines between the two depend on your location and what they do. Some courts break for the summer. Some courts do a dispute resolution conference which happens faster. Some courts have really full dockets. Its a crapshoot.

    As far as what she can say, she can request the court to make a change of her own in her response but depending what that change is she may not be successful.

    If you need a change, just file, the sooner you do the faster it happens.

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    • #3
      Thank you for your response. I actually filed the motion to change a few weeks ago (with all my documents) and the first appearance is at the end of July. My ex had 30 days to respond, and that deadline has passed. I wondered if no response meant that only what is addressed on my motion gets discussed at the case conference. Because support arrears are at the heart of my motion I expected there to be a response within the 30 days...and there wasn't. So I guess my question is if my ex can still put forth her response after that deadline. If they can, then I wonder what the point of the 30 days is? Hmmm...

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      • #4
        I think they can still file a response to it either late in court (Ive heard it) or in response to the next date. Not sure though.

        Does your ex normally operate this way? You mentioned you had been to court before.

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        • #5
          Check out the end of the "motion to change - Self help guide", there is a flow chart of what needs to be done when.

          Self Help guide

          Hope it helps

          Comment

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