Going to first Motion - What can I expect to happen?

[representingself]

Hey all.... Got a bunch of questions and I would really appreciate any assistance/insight....

The CC Judge adjourned my case (for retroactive CS), and scheduled a Motion.

It is my understanding that the Judge makes their ruling based on the Affidavit submitted in support of the Motion?

What happens if the Respondent doesn't file anything?
Will the Judge allow oral submissions?
Does anyone have personal experience with attending a Motion where the other party files nothing in advance?

AsI am asking for retro CS... Do I have to provide my last 3 years income tax returns? The Judge made no request for same.

I am going to serve my paperwork via regular mail. As I understand it, the effective date of service is 5 days after the day it is mailed..... do Saturday and Sunday count towards the 5 days?

There is nothing stipulated in our orders/endorsements with regards to section 7 expenses. The Respondent has never contributed towards any such costs. I would like to add a requirement for same into our final order.

Do I request a new, separate Motion date for section 7 expenses?

Thanks to anyone who takes a moment to reply!!

[mrsb]

Hi representingself, I have gone through this. He may "walk in" his affidavit at the last minute like my ex did one time. As for the tax returns I would have the 3 years especially if you are asking for section 7 expenses. I think the 5 days is business days but you might want to verify that.

Good luck!

[Epona]

"It is my understanding that the Judge makes their ruling based on the Affidavit submitted in support of the Motion?" Well, yes, sort-of. The Judge reads information supplied by both parties. If one party doesn't supply the required information, it makes the Judge's task that much trickier. Sometimes the Judge will accept verbal explanation. It really is up to the Judge's discretion.

"AsI am asking for retro CS... Do I have to provide my last 3 years income tax returns?" When I filed the Motion to Change Child Support and payment of S.7 arrears, I had to file "Change of Information" and "Financial Report" with it, which included income tax returns and assessments and an Affidavit (General).
"What happens if the Respondent doesn't file anything?" Ex and his lawyer never did file some required documents with the court, but the Judge went ahead and made decisions anyway.
"As I understand it, the effective date of service is 5 days after the day it is mailed..... do Saturday and Sunday count towards the 5 days?" I believe it's five business days, so weekends don't count (no mail delivery). At any rate, I try to err on the side of caution! :-)
"I would like to add a requirement for same into our final order.

Do I request a new, separate Motion date for section 7 expenses?" You include everything you want on the original motion. You can only add something new if both parties agree (that's been my experience anyway -- you can try to add something new -- it might be accepted)

Others' experiences may be very different. I'm only answering based on my very limited experience. Good Luck!

[representingself]

Thank you for the replies...

Section 7 expenses were included within my original Motion to Change documents... but for this particular court date, I wasn't sure if I should stick solely to the issue of retroactive CS and schedule a second Motion, at a later date, to deal with s.7?

Those are the only issues remaining. Any input there as well?

Thanks again.