Does respondent get a vote if petitioner decides to drop case a week before court?

[Ramsee]

What is the name of your state (only U.S. law)? California

My Ex filed a Request for Order to modify child support last December based on the family court service's estimate of our new timeshare. The problem is that the "approximate" they gave is wrong--nearly 8% off. He now sees the error and that it will not change timeshare enough to warrant a difference in payment.

The problem: the case has a related issue of clarifying an issue with the arrears, which petitioner included in his declaration. I would like to go forward to clarify that arrears include interest (but ex does not). If he as petitioner wants to drop the whole case, do I get any chance to ask the judge to drop the child support modification issue but retain the arrears interest clarification issue? I already filed a responsive declaration and our court date is next week. I would like us to draw up a settlement, but ex refuses. Can petitioner drop the case outright, in which case I would have to file a new RFO to ask for clarification on interest on arrears to settle that matter?

Thanks, as always, for your helpful feedback.

 

[Ladyback1]

What is the name of your state (only U.S. law)? California

My Ex filed a Request for Order to modify child support last December based on the family court service's estimate of our new timeshare. The problem is that the "approximate" they gave is wrong--nearly 8% off. He now sees the error and that it will not change timeshare enough to warrant a difference in payment.

The problem: the case has a related issue of clarifying an issue with the arrears, which petitioner included in his declaration. I would like to go forward to clarify that arrears include interest (but ex does not). If he as petitioner wants to drop the whole case, do I get any chance to ask the judge to drop the child support modification issue but retain the arrears interest clarification issue? I already filed a responsive declaration and our court date is next week. I would like us to draw up a settlement, but ex refuses. Can petitioner drop the case outright, in which case I would have to file a new RFO to ask for clarification on interest on arrears to settle that matter?

Thanks, as always, for your helpful feedback.

I could be wrong (I often am!) but, it's my understanding if the moving party (in this case your Ex) drops the motion/request, then you will have to file your own and become the moving party. Again, I could be wrong...

 

[Ramsee]

I could be wrong (I often am!) but, it's my understanding if the moving party (in this case your Ex) drops the motion/request, then you will have to file your own and become the moving party. Again, I could be wrong...

This is my fear. I was hoping there would be some "economy of the court" argument/possibility to keep one issue on the table...if anyone has ideas for me, please chime in. It would be ashamed to have to start anew.

 

[Ohiogal]

This is my fear. I was hoping there would be some "economy of the court" argument/possibility to keep one issue on the table...if anyone has ideas for me, please chime in. It would be ashamed to have to start anew.

Did you file a counterclaim asking for clarification ? If not, then the ex is fully in control.

 

[Ramsee]

Did you file a counterclaim asking for clarification ? If not, then the ex is fully in control.

No--but could I do so now? I've already filed the responsive declaration and we have 9 days until court. Is it too late?

Thanks.