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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 08-12-2016, 04:18 PM
kstart kstart is offline
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Default Response to a Motion to Change

Hi,

I've just received a folder which holds the repose to my motion to change for support at my front door. It was just left there as no one was home.
It states that it was send by courier on the the label from the respondents lawyers office. All documents are dated the SAME DAY of delivery and it was just left at my door.
There is no indication that it was actually send by a actual courier.
The lawyers office made the label with the words "send by courier" on it but I believe the respondent just left it at my door.


My question is.
Can the respondent just leave it at my door like that? Do I not need to acknowledge that I have received it, or dont they need proof I have received it?

Thank you
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  #2  
Old 08-12-2016, 09:40 PM
SteelCityDad SteelCityDad is offline
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I would say no, they don't need to prove it. My initial application which required a response within 30 days I believe, I never got a copy but was filed in court just before deadline. This has only happened before I retained counsel. Now everything gets faxed my lawyer, as I don't think they can do that when you have a lawyer.

Maybe someone with more experience could chime in here, but I would think it doesn't matter.

And why would you like to say you never got it?
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Old 08-12-2016, 10:21 PM
kstart kstart is offline
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Okay makes sense. Im just dealing with a person who does whats he wants.
No way would I ever say I didn't get it. I dont play games.
Thank you
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Old 08-15-2016, 12:09 AM
trinton trinton is offline
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Quote:
Originally Posted by kstart View Post
Okay makes sense. Im just dealing with a person who does whats he wants.
No way would I ever say I didn't get it. I dont play games.
Thank you
You could check the court file to see how he claims he served it, maybe you could find out it wasn't actually served the way it was served but I don't know if it's worth taking that route. You've got the documents.
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Old 08-15-2016, 09:47 AM
kstart kstart is offline
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Good point. Thank you!
I'm not in any way claiming that I never got them but more less to prove furthermore that even when there is guidelines in place and advice from his lawyer that he chooses to do what he wants. Just like he has with the final order for the past 4 years.
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Old 08-15-2016, 10:08 AM
trinton trinton is offline
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Originally Posted by kstart View Post
Good point. Thank you!
I'm not in any way claiming that I never got them but more less to prove furthermore that even when there is guidelines in place and advice from his lawyer that he chooses to do what he wants. Just like he has with the final order for the past 4 years.
I don't think that has any reflection on his parenting abilities.

Is he just trying to get more time with his kids ? What is it about the final order that he doesn't agree with. What is in the beat interest of the child?
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Old 08-15-2016, 11:25 AM
kstart kstart is offline
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Im currently paying support and he made 3x as much money as I did for the past two years so Im just asking it be adjusted. His response is asking the order to be changed from week on week off to him having the child every second week and also every weekend. So Id only have the child for 10 days out of the month. Reason is because he wants to bring him to soccer on Sundays which Ive been bringing him already and already explained to him many times that I want him in soccer too and will bring him every Sunday.
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  #8  
Old 08-15-2016, 12:34 PM
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arabian arabian is offline
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okay so he is piggy-backing your motion with one of his own. I would think he would be required to make a motion of his own. You can point this out with applicable case law as child support and access are two separate issues are they not?
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Old 08-15-2016, 12:42 PM
kstart kstart is offline
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You know I thought so too but he has a lawyer, so what he's doing must be okay...Im assuming. He's also asking sole custody. I think this is all not to pay support going forward and have me pay because he will have the child more time. Hopefully the judge sees through him.
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  #10  
Old 08-15-2016, 12:56 PM
Links17 Links17 is offline
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Why don't you just agree to no support payable and everybody would be happy
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