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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 08-31-2021, 01:18 AM
gmcode gmcode is offline
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Exclamation Cancel Child support case on with-prejudice basis

Hi all,

Can a child support case be cancelled by applicant on with-prejudice basis? If it can, is that to say the applicant can't refile the case again later on or has to find other excuses to file a CS case if want?

Thanks!
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Old 08-31-2021, 08:44 AM
rockscan rockscan is offline
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If the applicant filed the case they wouldnt cancel it. They would simply withdraw the motion.

If the child is eligible for support then yes they can file in the future any time they want. They just may not be able to ask for retroactive support.


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Old 08-31-2021, 01:30 PM
StillPaying StillPaying is offline
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Child support is the right of the child and must be paid.
You tried to pay a lump sum and be done with it, but you found out that's not possible. Now you want to pay another lump sum and hope it'll be done. It won't, because.... child support is the right of the child and must be paid until they're no longer a "child". You're definitely not the first to try and get out of paying the proper amounts.
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Old 09-01-2021, 03:00 PM
gmcode gmcode is offline
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Quote:
Originally Posted by rockscan View Post
If the applicant filed the case they wouldnt cancel it. They would simply withdraw the motion.

If the child is eligible for support then yes they can file in the future any time they want. They just may not be able to ask for retroactive support.


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Does the court still need to review the settlement agreement or approve it even if the agreement is made out of the court and the parties withdraw the motion? How can the case come to an end, or "withdraw" is the legal term to stop/cancel the case? My understanding is the motion is the list of claims included in the same court file?

Thanks.
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Old 09-01-2021, 05:00 PM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
Does the court still need to review the settlement agreement or approve it even if the agreement is made out of the court and the parties withdraw the motion? How can the case come to an end, or "withdraw" is the legal term to stop/cancel the case? My understanding is the motion is the list of claims included in the same court file?

Thanks.

The settlement agreement will need to be signed off on by a judge so yes the court will see it.

The case comes to an end with an agreement or an order. Your ex can withdraw the motion or you can go to the motion date and advise the judge you reached an agreement.

Sometimes at motions a judge will look at the filing, ask you a few questions and tell you to go discuss to reach an agreement. In that case you would return to the courtroom and present your agreement for sign off.

The motion isnt a list of claims. Its a request for the court to order something: disclosure of information, support, custody etc. Your understanding is incorrect. Again, you should really speak to a lawyer because you are way out there in a lot of things you are saying and thinking.
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Old 09-01-2021, 05:25 PM
StillPaying StillPaying is offline
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If both parties are in agreement, even zero cs, then that's fine and no court is needed. The problem is whether you need it enforced or one side decides to change their mind. Then you're forced into court with court rules.

The "list of claims" I'm assuming is the MTC, not a regular motion. The other issues would still exist if only cs was settled.
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Old 09-01-2021, 06:14 PM
gmcode gmcode is offline
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can above procedures (withdraw) been done quick such as a month at the court? I heard the court is over packed now due to pandemic. I haven't even received a next court date yet. I do have a lawyer, but looks he doesn't want to work on a settlement.
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Old 09-01-2021, 07:36 PM
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Quote:
Originally Posted by gmcode View Post
can above procedures (withdraw) been done quick such as a month at the court? I heard the court is over packed now due to pandemic. I haven't even received a next court date yet. I do have a lawyer, but looks he doesn't want to work on a settlement.

If she filed a motion then she has to withdraw it. Have you made her an offer to settle? You can draft it up and have your lawyer serve it. Has your ex made an offer?

You can reach a settlement without your lawyer, your ex has to be willing to settle though. If she has no interest and isnt talking then you have to go to court. If you were served with a notice of motion then it may have a date.

In any event, figure out what you should be paying in cs and put that money into an account every month so if you are ordered to pay, the money is there.
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Old 09-01-2021, 09:09 PM
gmcode gmcode is offline
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She made an offer thru her layer, I can going to make some terms more clear based on the offer. Can I just send it back when I am done? I am not going to use my lawyer as he has delayed this for two weeks. What if I passed the expired date on her offer?

I didn’t receive any motions, I just received an court case form 8 - her application and affidavit, and other documents supporting her claim.
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Old 09-01-2021, 09:32 PM
rockscan rockscan is offline
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You are not the only case your lawyer has so dont be surprised if they dont jump when you snap your fingers. Not to mention the date on your exs offer isnt something you need to be held to. That date is a scare tactic to make you do what she wants.

Is the offer reasonable and legal? Have you done the math yet on your case? You dont have to accept it. You can simply make your own offer or ignore it.

Her application didnt have any dates on it? Nothing in the section on the court date?
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