Ex trying to see the judge with no paperwork being filed or served

[Ohiogal]

I sent her the motion for dismissal via fed ex on 9/25 with the hearing scheduled for 10/7. She was not present at the dismissal hearing and the judge promptly approved it without me needing to speak at all. She told me that a copy of the dismissal order would be mailed out. Based my conversation with my ex yesterday, I can only assume that she had not received the order in the mail as of the time of our phone call.

Well a motion is NOT an order and until the dismissal order is served, the case is still open.

 

[MassGeocacher]

Well, I am going to court today at 11AM and will present my arguments to the judge and will have to live with however she rules, good or bad.

 

[MassGeocacher]

Update

I just thought I’d give an update as to what happened in court today.

The entire hearing was on a motion she filed to get her travel expenses reimbursed. My ex argued that she did not receive proper notice of the dismissal hearing and only just learned about it during our phone conversation. By that time she had already booked airfare and rental car that was non-refundable. She also mentioned the child support issue but the judge said that she would take no action at the time.

My arguments were:

- I was not properly served and that she violated the rules of civil procedure
- Her move out of state was done voluntarily so that any hardship that results from that is hers to bear.
- I provided the fed ex receipt that the notice was delivered.
- She was made aware of the dismissal before she actually traveled and that it was possible that she could have received at least a partial refund.
- I tried to schedule the dismissal hearing sooner but the judge’s schedule made it impossible
- This was the first modification filed in over 6 years so I have not been using the courts as a mean to damage her financially

There was a bit more to it but that’s the crux of the matter. The judge said a ruling will be mailed out.

 

[Silverplum]

Thank you for updating: we really like to hear how stories turn out.

For what it's worth, I think you made good arguments.

 

[MassGeocacher]

Thank you for updating: we really like to hear how stories turn out.

For what it's worth, I think you made good arguments.

I guess I'll know just how good my arguments were when I get the judgment in the mail.

 

[MassGeocacher]

Update

Well, my arguments fell flat as I received a judgment in the mail that I have 30 days to pay her $411.

Here's my question. The judgment says I have 30 days to make payment. Is that 30 days from when I got the judgment in the mail or 30 days from when the judgment was entered over 3 weeks ago?

 

[LdiJ]

Well, my arguments fell flat as I received a judgment in the mail that I have 30 days to pay her $411.

Here's my question. The judgment says I have 30 days to make payment. Is that 30 days from when I got the judgment in the mail or 30 days from when the judgment was entered over 3 weeks ago?

I think that the two bolded items were what sunk you:

My arguments were:

- I was not properly served and that she violated the rules of civil procedure
- Her move out of state was done voluntarily so that any hardship that results from that is hers to bear.
- I provided the fed ex receipt that the notice was delivered.
- She was made aware of the dismissal before she actually traveled and that it was possible that she could have received at least a partial refund.
- I tried to schedule the dismissal hearing sooner but the judge’s schedule made it impossible
- This was the first modification filed in over 6 years so I have not been using the courts as a mean to damage her financially

The first one makes you look bitter and the second one simply isn't true. The judge also might have realized that your dismissal was self serving.

In any case, you have thirty days from when you received it, but I would go by 30 days from the postmark date, to be safe.

 

[MassGeocacher]

I don't like or agree with the decision but I will obey it. I just wanted to make sure that payment is made on time and in full.