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Am I the Applicant or the Respondent?

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  • Am I the Applicant or the Respondent?

    Hi, just have a quick question. I am filling out court papers, a response to motion to change.
    I took my ex to court years ago, so I was the applicant. I just received a motion to change support from him, and I am responding so am I now the respondent or do I stay listed as the applicant?

    On his motion it states me as the applicant, but his papers make no sense, have errors and are unsigned by him, so I dont solely want to go by what he has put.

    Any help would be appreciated!!!! Thanks in advance.

  • #2
    Originally posted by bg78 View Post
    Hi, just have a quick question. I am filling out court papers, a response to motion to change.
    I took my ex to court years ago, so I was the applicant. I just received a motion to change support from him, and I am responding so am I now the respondent or do I stay listed as the applicant?

    On his motion it states me as the applicant, but his papers make no sense, have errors and are unsigned by him, so I dont solely want to go by what he has put.

    Any help would be appreciated!!!! Thanks in advance.
    He is applying for the motion to change and served you with the papers, right? Whowever serves the papers is usually the applicant tand the person who is responding is the respondent.

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    • #3
      In this family law matter between your ex and yourself, you will ALWAYS be the same thing. You are the Applicant because you commenced the action/application. This is a motion to be heard in that action/application therefore you are still the Applicant.

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      • #4
        Independentgal is correct. The very first court papers filed, even it if was years ago, decide who's the applicant and who's the respondent. Since you filed the court papers years ago, you were the applicant then, and you will always be the applicant... even if your ex begins a new motion and you are only responding. You will always be the applicant when serving or being served with documents pertaining to the case between you and your ex.

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        • #5
          Lifesavers!!!! thank you soo much!!!!

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