Filing a Motion

[MammaBear76]

What is the name of your state? IL

As some of you may remember I moved to California, but the case is still in Illinois. There was an order entered excusing me from all court appearances stating that the judge would contact me via telephone for a conference with all parties on set hearing dates.

My case has been transferred to a different judge because the original judge moved to a different floor of the court building. I had 3 motions filed in February. One to modify child support, one to show cause (due to ex not paying child support) and one for the ex to obtain adequate medical and dental insurance as stated in our first custody order. Right now he is only carrying major medical and catastrophic(sp?) coverage.

His attorney went in on the April date and had all of my motions continued which I don't have a problem with. What I do have a problem with is that since then he has filed a motion for me to cover my daughter on my insurance and for me to pay for it. I think I am being totally side blinded here. . how can he continue my motion only to file one of his own for the same thing? I am planning on going to this court date even though I have been excused from it. . because I fear that I am getting "the shaft"!

 

[snostar]

What is the name of your state? Your not being shafted. He has just as much right to file a petition as you do. This guarantees that the father's request will be address in court. It is only a motion, the judge will make the decision when the motions are heard- don't sweat it, it happens often.

 

[MammaBear76]

What is the name of your state?

What is the name of your state? Your not being shafted. He has just as much right to file a petition as you do. This guarantees that the father's request will be address in court. It is only a motion, the judge will make the decision when the motions are heard- don't sweat it, it happens often.

I understand his right to file. . but why can they push mine aside to be continued and then file one of their own to be heard before mine. Mine was filed 3 months earlier???

 

[krispenstpeter]

ahhh grasshopper. You speak volumns

 

[snostar]

What is the name of your state?

What is the name of your state?

I understand his right to file. . but why can they push mine aside to be continued and then file one of their own to be heard before mine. Mine was filed 3 months earlier???

Get an attorney. You can requests all motions be heard at the same time.

 

[MammaBear76]

What is the name of your state?

If I could afford an attorney . . I would. . but given that I am solely, financially responsible for our daughter. . it makes it a little difficult. I think the "get an attorney" response is a very "knee-jerk" response that should be understood that many people can't afford one. To some, I'm sure, the "can't afford one" response isn't a good enough answer either. . but this is why I post here. . because I can't afford one and I am looking for advice in order to handle this on my own. I've been doing pretty good so far. However, my ex keeps getting dropped by his attorneys and every time he hires a new firm there are more hoops to jump through.

I just don't see how an attorney can go in and push my motion aside just so his gets heard first.

 

[coosi]

His attorney went in on the April date and had all of my motions continued which I don't have a problem with. What I do have a problem with is that since then he has filed a motion for me to cover my daughter on my insurance and for me to pay for it. I think I am being totally side blinded here. . how can he continue my motion only to file one of his own for the same thing? I am planning on going to this court date even though I have been excused from it. . because I fear that I am getting "the shaft"!

**When you go to his court date, move to have all motions (his and yours) continued to your new court date (and be heard at the same time)...

***For the convenience of the court

www.elkonv.com/~fourjdc1/Resources/Pro Per/MOTION TO CONTINUE.pdf

This a form for NV motion to continue with instructions. Obviously, it's not IL, but should be fairly similiar, you should have a copy of his motion to continue YOURS to use as an example??

 

[MammaBear76]

What is the name of your state? IL

thanks Coosi. . I will do that tonight.

 

[coosi]

resources.lawinfo.com/dsp_results.cfm?cat=126&act=form&i=B&state=ID&keywords=&prepaid=on&Assoc=afmi& ... - 33k -

I just found this site by accident and thought it might have something more specific. You can search for free court forms by state. There's also a link at freeadvice...

 

[snostar]

" ahhh grasshopper. You speak volumns "
Yeah, and she still didn't hear – guess I’m not at loud as coosi!

MBear, what's a matter your defenses go up and your comprehension stops? Another approach would be, at the next court appearance request your motion also be heard since they pertain to the same issue.

 

[MammaBear76]

What is the name of your state?IL

My defenses didn't go up at all. . I was replying to your suggestion of getting an attorney.. . not sure why you're so quick to jump?? The way you stated it made it sound as though I could only request that all of the motions be heard together if I had an attorney. Maybe that's where the confusion came in. . .even so. . again. . not so sure why you were so quick on the defenses yourself.