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Asking for the applicant's claim to be dismissed

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  • Asking for the applicant's claim to be dismissed

    Why is this on the Form 10 answer? How could it happen that an applicant's claim would be dismissed?

  • #2
    You always ask to have their claim dismissed. My partners response requested the claim be dismissed with costs. Its what is done. You want the judge to dismiss theirs and take yours.

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    • #3
      Thanks. What if you ask for their claim to be dismissed, but you didn't make any of your own? Could the case actually be dismissed?

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      • #4
        If all the claims are dismissed, then what is there to fight about?

        That said, based on your other posts, why would you not be making claims of your own?

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        • #5
          Call me crazy but I don't like fighting and I actually believe people should sort their problems out between themselves, especially when it comes to their children. I hate having the government involved in my family. Was just at the courthouse today trying to file paperwork, had to arrange child care, wait a long time, only to find out I made a minor error and have to re-do and re-serve everything. Then arrange more child care and come back and do it all over again after Christmas. What a pain. My husband is not a good person, but he's still my husband (soon-to-be-ex as per his wishes) and I'd rather deal with him in person than through the courts. I have no desire to be "against" him and I've talked him off the ledge before but this time he seems determined to punish and attack me (even though HE cheated....?!) I'm about to file my claims because it seems there's no other way at this point to defend myself and my kids.

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          • #6
            How could it happen that an applicant's claim would be dismissed?
            There are two options: the claim succeeds, or it is dismissed.

            If your ex asked for support, they either get it or they don't. If they do not get it then their claim was dismissed.

            What if you ask for their claim to be dismissed, but you didn't make any of your own? Could the case actually be dismissed?
            Yes. If you do not have any claims of your own, the entire court action is one party asking for their claim and the other side asking that it is dismissed. This is how most non-Family court cases operate.

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