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how to counter respond to a response to Motion to Change?

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  • how to counter respond to a response to Motion to Change?

    I am in receipt of the respondent's response to my motion to change (form 15B). In it as well as a form14A has several issues that I believe I can counter response to that I have not already addressed in my motion, specifically lies an or things that are untrue.

    My question is how soon must I reply and with what form(s) exactly? We have a case conference but before that time should I not counter for accuracy on my part?

    thanks!

  • #2
    Do the lies and other things you need corrected have anything to do with support?

    For instance, did the respondent say “I have paid all cs fully and updated accordingly” and this is a lie? Then your motion should have had that in it.

    If it says “i am not allowed to see my children”. Its really not necessary to respond.


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    • #3
      Yes, everything I wish to address is all pertaining only to child support. The facts I wish to present will all have back exhibits. I am only focusing on lies that are untrue. Anything else that I believe to be false which I have already addressed in my motion, I do not think I need to restate. Correct?

      I also wish to add something pertaining to my income to make clear he is accusing me of so that this is not an issue come the case conference.Is this form the right place to do this?


      Also, do I need to provide the same "background Information" I gave on my motion or can I just start by listing 1, 2,3.... all the points I wish to make in response to his?

      thanks SO much

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      • #4
        A general statement that you deny everthing except the items you are responding too seems to be good start.

        If something is clearly and easily proven to be a lie then if you have cycles then do it I suppose but you don't want to get bogged down in pettiness.

        try to sound nice in the affidavit.

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        • #5
          Truly you want to ensure the facts are stated in your motion. You should also have proof to go with them.

          If the other party puts something in their affidavit they should also have proof to back it up. For instance if they are stating you are underemployed they would need to back it up. If it is simply a broad statement with no proof I wouldnt worry about it. People make a lot of broad statements and judges normally focus on facts. Payors income is xyz. Payor has not paid cs for x amount. Section 7 expenses total abc. Applicant asked for share of expenses on x date. Etc.

          If this is your first conference then the judge will ask you both to present your case and then discuss. You can simply state you reviewed the response and disagree with the items in abc and why.

          Don’t get sucked into the void of having the last word. If they fail to prove a statement with evidence it will be either disregarded or challenged by the judge. My husbands ex made a bunch of broad statements about his income, his employment, how cs should be calculated and what she believed was a s7 expense. The judges both told her none of it was relevant as she had no proof.


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          • #6
            SUPER helpful! Thank you both!

            I have another question please. He has provided me with a form 20 two page list of questions and demanded I reply in 7 days! Is this timeframe reasonable and or legal? Is each repsonse not allowed 30 days? I gave him 30 days.
            He has suggested he will seek an Urgent court date even though our first appearance is already set for the new year.

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            • #7
              Originally posted by Mamatotwo View Post
              SUPER helpful! Thank you both!

              I have another question please. He has provided me with a form 20 two page list of questions and demanded I reply in 7 days! Is this timeframe reasonable and or legal? Is each repsonse not allowed 30 days? I gave him 30 days.
              He has suggested he will seek an Urgent court date even though our first appearance is already set for the new year.

              Depends on what he is asking. You could probably respond in seven days depending on what they are. If they are irrelevant you can simply say this question is not relevant.

              He won’t get an urgent date. Unless you are planning to take off with the kids he will have to wait for your next date. Courts are so backed up that urgent motions are seriously urgent.


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