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motion to withdraw

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Jakesmom917

Guest
What is the name of your state? NC

ok, here goes. As told before, my ex and I settled and I have custody and he must pay support(which he isnt and we are having a contempt date the 10th of march). A few days after the settlement, my lawyer got a letter from my ex's stating he had filed a motion to withdraw from the case. I just got a notice of a hearing on March1st about a hearing for a motion to withdraw. Could this be that hearing or can my ex withdraw from something else im not aware of. I am just asking because it seems like he has been getting away with a lot, with not paying support and all. Can anyone help me out? Thanks!
 


Grace_Adler

Senior Member
Are you saying your ex's attorney is withdrawing from the case?

If that is the case, then it is different from the contempt hearing. That hearing will still be taking place.
 
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Jakesmom917

Guest
Motion to withdraw

Yes, he filed in january and I guess this is the actual motion. do attorneys have to go before the judge to withdraw?
 

Grace_Adler

Senior Member
Yeah, then the contempt hearing is still on.

I don't know if the attorney has to go before the judge to withdraw. I would assume so but I'm not 100% sure. I sowwwyyy. :(

Makes me wonder if this might delay the contempt hearing. I'm wondering if they might continue it for another date so he can find another attorney, or if he will say he is looking for another one. He may even ask for a continuance at the contempt hearing if it's not done now. I really don't know for sure, this is just a thought that occurred to me.
 

I AM ALWAYS LIABLE

Senior Member
Re: Motion to withdraw

Jakesmom917 said:
Yes, he filed in january and I guess this is the actual motion. do attorneys have to go before the judge to withdraw?

My response:

If an Opposition is filed, then yes, it would be a wise move to make the appearance. If, however, there is no Opposition to the Motion, and the Tentative Ruling is in favor of the attorney's Motion to Withdraw, then there's no reason to go to court.

IAAL
 
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Jakesmom917

Guest
ok, so you are saying that if an attorney files a motion to withdraw, my ex can contest it? It stated that he agreed with it, so I am confused as to why a hearing is scheduled. It is the defendants motion to withdraw?
 

I AM ALWAYS LIABLE

Senior Member
My response:

And, this all matters to you because . . . ? Since it's not your Motion, why are you caring?

Unless there's some very good reason for you to know all of this, we're not going to give you lessons in Civil Procedure.

IAAL
 
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Jakesmom917

Guest
Motion to withdraw

Dang, you are rude huh? Because it pertains to MY case it is of interest to me. He has been getting away with too much so I want to make sure he isnt trying anything else.
 

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