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  • Waiting period between Motion to Change?

    I've searched the forum & did not find a response to this question.

    Is there a waiting period between Motions?

    If a motion to change was initiated in April 2011, with yet another final order being signed May 31, 2011, is there a waiting period before another motion to change can be filed? (child support & access)

    Just getting tired of the never ending BS and threats.

  • #2
    Anyone have any ideas?

    Thanks

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    • #3
      *sigh*

      This place is just not the same without all the old timers/regulars

      Comment


      • #4
        Just bumping in hopes that someone might have an answer

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        • #5
          There is no time limit for motions but there has to be a material change in circumstances for you to be succesful. You should consult a lawyer. Not to discourage you but what you may think is a material change might not be enough for the Judge.

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          • #6
            Originally posted by Skndlz2904 View Post
            There is no time limit for motions but there has to be a material change in circumstances for you to be succesful. You should consult a lawyer. Not to discourage you but what you may think is a material change might not be enough for the Judge.

            Um, it's not me... it's my ex that wants to file another one.

            We just had one in May & changed the previous final order. The 2 oldest expressed interest in living with their father (I will not comment on this as it would take a page worth), so we mediated and the changes were

            A) Two oldest to him

            B) Two youngest to me (yes we have 4 kids)

            C) I gave up fighting for the approx $27000 in CS arrears that amassed over time via a mix of non-payment of CS, and paying under the base amount due to not providing me with his yearly tax assessment even though required because I worried that the 2 teens with him had a higher chance of doing without things they need if he is still ordered to pay off the arrears

            D) Remove the case from FRO so he could start the process of getting his drivers license back that was suspended due to the non-payment of CS

            E) Neither pays CS to the other - he is a 2 income family, mine is a 1 income family (me)

            F) Visitation every second weekend, but at the discretion/choice of the children as they are at an age where they may make plans that they would prefer not to break etc


            He has not seen the 2 children that live with me since Jan 1 2011 - he has not sent them mail, email, facebook messages, nothing at all in all that time; he did not even acknowledge their birthdays this year. October 19th he had our daughter message one of the boys to ask if they want to go there for the weekend starting the Friday night (2 days notice). Son (who received the message & is 13) told me he did not want to go, and did not want to answer her.
            I responded politely to ex informing him that 13 yr old had plans, and the 12 yr old would like to visit, but not for overnights, so I suggested spending Saturday if possible. I also asked that he please not have the children make these sort of requests on his behalf, but rather he speak to the boys & I directly.

            He was instantly pissed off and his response was that he was taking me back to court for visitation & child support & filing the papers on October 20th; there has been no contact since.


            How exactly does the court truly KNOW whether there is a true material change in circumstances? He can very easily say what he wants to get yet another motion to change, so I was wondering if the court makes someone wait X amount of time to avoid issues where one person could potentially file one motion after another using the system as another form of abuse on a former spouse.

            Thanks

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            • #7

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              • #8
                ....... bumpity....bump?

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                • #9
                  Wish I could bump back Kimberley, but this stuff is out of my league...

                  Comment


                  • #10
                    No problem, hopefully someone who might have some info will jump in

                    Comment

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