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

[MassGeocacher]

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

I’ll try my best to keep this brief.

Earlier this year, I filed a child support modification. Pretrial conference is scheduled for 10/15/15 however last week I filed a motion to have the modification dismissed. My ex did not show and the dismissal was granted. Yesterday, I was talking with my ex, who lives out of state about another matter when she happened to mention that she will be arriving in MA today for the pre trial conference tomorrow. I told her that the modification was dismissed last week and she got VERY upset claiming she never got paperwork. I told her that I served her with the dismissal motion 12 days prior and have proof of delivery. I thought that ended it until about an hour later, I get a call from the court clerk. He told me that he just got off the phone with my ex and that she intends on showing up at the courthouse tomorrow in an attempt to talk to the judge. The clerk told me that there is a chance the judge will hear her since she traveled in from out of state.

My questions are:

1. Will the judge actually hear from her despite me never have being served with any kind of paperwork?
2. What can possibly happen if I just don’t show up?
3. With the case being dismissed, there are no open matters before the court so there is no action to file the motion against. Does this affect anything?
4. Is there anything else I should be aware of?

 

[Zigner]

I would suggest that you show up at the court, just to be safe. The fact that the clerk thinks the judge might meet with her indicates to me that you need to be on top of things so that no shenanigans take place.

 

[MassGeocacher]

One thing that concerns me is that if I show up, the judge may be more inclined to hear from her since I am present.

I also forgot to mention that the clerk told me that my ex will try to me to pay her travel expenses.

 

[Zigner]

One thing that concerns me is that if I show up, the judge may be more inclined to hear from her since I am present.

Why shouldn't he hear from her? Might as well get it over with.

 

[MassGeocacher]

In my opinion, it’s just a question of fairness. I follow all the rules of civil procedure for any matters I want the judge to hear. I file paperwork, pay all the associated fees, make sure she is served in a timely manner etc etc. I know the judge is the only real opinion that matters but since she was the one who relocated and created this hardship, why should she be given any relief from the civil procedure rules?

Again, I know what I think is fair and what the judge thinks are not necessarily the same thing. I'm just frustrated at the possibility.

 

[Zigner]

In my opinion, it’s just a question of fairness. I follow all the rules of civil procedure for any matters I want the judge to hear. I file paperwork, pay all the associated fees, make sure she is served in a timely manner etc etc. I know the judge is the only real opinion that matters but since she was the one who relocated and created this hardship, why should she be given any relief from the civil procedure rules?

Again, I know what I think is fair and what the judge thinks are not necessarily the same thing. I'm just frustrated at the possibility.

What's fair is for the matter to be heard on its merits.

 

[MassGeocacher]

Understood.

 

[Zigner]

May I ask why you filed for a modification and then moved for dismissal?

 

[MassGeocacher]

It was self serving on my part. I discovered that after filing the modification, my support payments would actually end up increasing. I know this dismissal does not stop my ex from filing her own modification but I could at least slow her down.

 

[Zigner]

It was self serving on my part. I discovered that after filing the modification, my support payments would actually end up increasing. I know this dismissal does not stop my ex from filing her own modification but I could at least slow her down.

I figured it was something like that. Sometimes the can of worms is hard to close.

 

[MassGeocacher]

My ex is mad because she has to get on a plane to come here. She thought she would be able to use the pre-trial conference to get a final judgement and the increase she believes she is entitled too. Now that the case is dismissed, her only hope for achieving her goal without having to return here at a later date is get the judge to hear her tomorrow.

 

[Zigner]

My ex is mad because she has to get on a plane to come here. She thought she would be able to use the pre-trial conference to get a final judgement and the increase she believes she is entitled too. Now that the case is dismissed, her only hope for achieving her goal without having to return here at a later date is get the judge to hear her tomorrow.

Not only does she believe she's entitled to it...you believe she's entitled to it.

 

[MassGeocacher]

I do not deny that she very well may get an increase, however her and I do not see eye to eye on just how much the increase should be.

 

[Ohiogal]

In my opinion, it’s just a question of fairness. I follow all the rules of civil procedure for any matters I want the judge to hear. I file paperwork, pay all the associated fees, make sure she is served in a timely manner etc etc. I know the judge is the only real opinion that matters but since she was the one who relocated and created this hardship, why should she be given any relief from the civil procedure rules?

Again, I know what I think is fair and what the judge thinks are not necessarily the same thing. I'm just frustrated at the possibility.

So when was the ORDER of dismissal served upon her? And how?

 

[MassGeocacher]

So when was the ORDER of dismissal served upon her? And how?

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.