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Motion to Dismiss

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Ray246

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'Frivolous' has a specific legal meaning. Though it is often used loosely, in a court of law is not a wise place to do so.

Specifically, http://thelawdictionary.org/frivolous/

Also, http://legal-dictionary.thefreedictionary.com/frivolous
http://dictionary.law.com/Default.aspx?selected=794
I apologize I was using the term incorrectly which is why it will be in my best interest to get an attorney. I am going to file an answer/motion to dismiss on her failure to state a claim. I will get an attoney to draw this up and probably, if it doesnt get dismissed before hand, have the attorney at the CMC. If the case goes past that I'm not sure I want to continue with an attorney. My ex has nothing to lose in taking this as far as the court will let her since she is proceeding without an attorney. If the judge does not dismiss the case I dont think he will agree she shouldnt have to pay any support. I believe my worst case scenario would be that it would get lowered a couple hundred dollars maximum assuming he gives her credit for the things/amounts she is stating but didnt get credit for in the last judgment. If this goes to trial and cost me thousands of dollars in attorney fees what is the point? At best it could take me years to break even assuming the attorney was able to maintain the support I currently recieve. Is that a bad way to look at it?

On an earlier post about not recieving any of the arrears payments with my support. It turns out the court order did not state arrears should be taken out on wage assignment as the judgement indicated it should be. I contacted the court clerk and have gotten that corrected so I hope to start seeing that additional amount in a month or two.
 


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