No response to my motion

[daddenied]

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

I live in NY, but case is in CA. Should I worry if my ex-wife has not replied to the motion I filed and had served on her (Simplified Motion to modify CS)? Hearing is 16 days away and she has not returned the Notice of Acknowledgement or her response and I worry. I think she will file it with the courts in her home town and just pretend she mailed it to me like she has done in the past. I called the court clerk thinking that there was a time frame that she was supposed to serve me with the response, but was told that I already filed my motion and served her and there is nothing more I can do. It would just be nice to have a copy of her response before court as I am representing myself now.

Thanks!
DD

 

[CourtClerk]

If she doesn't return the Notice of Acknowledgment, there is no proof of service. Did you have her served independently?

 

[daddenied]

If she doesn't return the Notice of Acknowledgment, there is no proof of service. Did you have her served independently?

She was served through the mail from Buffalo. She emailed last night out of the blue saying she just filed a response with the courts yesterday and I will be getting it soon. Hopefully that's true. She's tried it in the past and gotten away with never actually serving me. The courts in her town do not require the Notice of Acknowledgement...at least that is what the court clerk told me when I called and inquired. He said it doesn't matter...I did my part. ????? I also check on line daily to see what she filed if anything and today it shows she not only filed a response for our court hearing in 2 weeks from today, she filed her own motion and was given a date of 1/16/09 for her issues. That is 2 days after my wife's current due date for our baby. CAn I ask the courts for a later date? Or must I get my ex-wife's approval? We are sure she will say no, because she is impossible. I do not want to leave my wife alone during this time, but not sure the courts care.

Here are my thoughts:

We show up on Nov. 21st for my motion to modify CS due to my unemployment.
We ask my attorney who represented me last time to appear in January for me.

Do you think that will work or do you think that the courts will still require me, even with an attorney to appear on Jan. 16th? If that's the case I plan on asking my attorney to ask for a continuance in January.

Any thoughts or suggestions?

DD

 

[Alabaster]

An answer

1) You can probably appear by telephone. Call the county and see if they accept 1-800-COURTCALL.

2) You will have to appear on both dates: for the motion you filed, and for the motion she filed.

 

[daddenied]

no longer an option

1) You can probably appear by telephone. Call the county and see if they accept 1-800-COURTCALL.

2) You will have to appear on both dates: for the motion you filed, and for the motion she filed.

I already requested to appear by phone, but the court in that county no longer allows that as an option.

Thanks!
Benjie

 

[daddenied]

Help please.

I just need to know if I foolishly screwed myself over. When my ex and I divorced in our decree, we agreed that as long as the kids were full time students I would continue to pay CS or pay for tuition, as I was working at an educational institution and when we divorced we were on amicable terms, she was leaving and I didn't want the marriage to end, and she was not keeping the children from me. Well, our oldest turned 18 in August and is not in school or working. I have asked in my most recent motion not only to modify my CS with my current unemployed status, but also that the courts consider that CS stop once our children turn 18 or if they are 19 during the Senior year, support ends at the end of the school year. My ex responded that she does not agree and that I am to continue paying her a monthly CS obligation even for our adult children, regardless of their school status. I really don't know the status of our oldest child, as he barely graduated high school in June, told my parents he was not in school and working instead, but I get no response to my direct inquiries about why he is not in school and/or where he is working. Anyway, basically I am asking if that could be changed from our original agreement. And, if not, if he is not in school, how is this enforced? If not in school now, I don't pay CS on him and whenever he decides to enroll and attend school I start paying CS. It seems all too complicated to do it this way.

 

[CJane]

What, EXACTLY, does your order say regarding child support? You know we need that.

Obviously if you're still unemployed, the job search isn't going too well - can you not find ANYTHING AT ALL out there?

 

[daddenied]

What, EXACTLY, does your order say regarding child support? You know we need that.

Obviously if you're still unemployed, the job search isn't going too well - can you not find ANYTHING AT ALL out there?

I know...I don't have a copy right in front of me, but that is basically what it says "Respondent (me) will continue to pay CS to Petitioner if children are full time college students or pay the child's tuition." At the time I was employed at an educational institution and again we were on as good of terms as we could be...she was not keeping children from me and in the agreement agreed that I would have any and all access to them when I wanted. That's changed since moving on with my life in 2004...that is when alienation of our children started.

Yes, the job search is not going well. I'm hooked up with employment agencies through my church and temporary work. The economy here is suffering, even more than I thought. I have recently been approved for unemployment insurance benefits, which I was advised to file an updated fin. statement to provide the courts with the amount I can get each week I am approved. The initial motion I filed in September states zero as my income, but I just filed the updated fin. statement. My wife also continues to be on the waiting list to transfer back to the West Coast, where I may be eligible to get back on with the same school. With her medical circumstances and the need to be under her own insurance here in Buffalo it is best that we wait until I get a job here or her company can transfer her back to the west coast.

 

[daddenied]

some new information

Had another question. My ex-wife filled out her income and expense form stating she has our 3 minor children living with her, our 18 year old child with her who has no job and no income coming in to help, and her 16 month old child from another relationship which she states she gets no financial support for. I think I already mentioned that she is asking the courts that I continue to pay her CS for our oldest child since we agreed in our original marital agreement that I would either continue to pay her CS on him or pay his tuition while in college. I was able to see my youngest child at his school after our last court date a few weeks back and he told me his older brother is not enrolled in school, but working at his aunt's store. When I emailed my ex-wife and confronted her with her dishonest claim of him being in school and her dishonest income and expense form, she states that he is in a "state of flux" and may go to school in the Spring, but since I am unemployed and not paying the full CS to her, our son may have to continue working to help supplement the family income. Is this information relevant to my request that I not be forced to pay her CS on him as he is not even in school after she reported to the courts that he is. Since she knows our youngest child already informed me of the truth she is now fessing up to him not being in school, but wants to go in the Spring, but due to my financial circumstances he may have to work to help support her and our other children and her new baby. I know I'm rambling, but should I even mention this to the courts? Or, will it matter?

-DD

 

[drpepper404]

Quite a lot of material there. In general it is a bad idea to agree to a child support beyond what your state requires. I know some people fall into this to get a lower starting payment, but in the end you usually end up losing more of your money. If your son is 18, has finished high school, and is not in school currently then you should have no problem getting the child support order terminated. I earmed my way through school in the military, my parents helped as they could but it wasn't a lot. That's life when mom and dad's finances are what they are. You seem to have some guilt about wanting to terminate the support order, your son is now an adult and you shouldn't feel guilty that he needs to work to help support himself. When your financial situation improves there's nothing that says you can't help more with the CS order terminated, mom simply won't have any legal means of trying to force you to do so. Which gives you a lot more say in what you expect of your son for that money, which is good for everyone. Ir really seems like if she isn't getting money from the new baby's father she's just trying to get child support from you for the kid and using your adult son as a proxy to accomplish this. It shouldn't be allowed, not your kid and not your problem.

As for the motion hearings, in the future you might try hiring a process server to go and preform the service instead of using mail service that depends on her acknowledging being served. She has a financial motive to try and avoid the hearing as she's probably quite aware that this will be the end of CS on your adult son.
I would bring everything up during the hearing. The fact that she lied about your son's school status could constitute fraud.

 

[LdiJ]

Quite a lot of material there. In general it is a bad idea to agree to a child support beyond what your state requires. I know some people fall into this to get a lower starting payment, but in the end you usually end up losing more of your money. If your son is 18, has finished high school, and is not in school currently then you should have no problem getting the child support order terminated. I earmed my way through school in the military, my parents helped as they could but it wasn't a lot. That's life when mom and dad's finances are what they are. You seem to have some guilt about wanting to terminate the support order, your son is now an adult and you shouldn't feel guilty that he needs to work to help support himself. When your financial situation improves there's nothing that says you can't help more with the CS order terminated, mom simply won't have any legal means of trying to force you to do so. Which gives you a lot more say in what you expect of your son for that money, which is good for everyone. Ir really seems like if she isn't getting money from the new baby's father she's just trying to get child support from you for the kid and using your adult son as a proxy to accomplish this. It shouldn't be allowed, not your kid and not your problem.

As for the motion hearings, in the future you might try hiring a process server to go and preform the service instead of using mail service that depends on her acknowledging being served. She has a financial motive to try and avoid the hearing as she's probably quite aware that this will be the end of CS on your adult son.
I would bring everything up during the hearing. The fact that she lied about your son's school status could constitute fraud.

Dad...I would recommend putting this poster on "ignore". He/she has been all over the forums today stating very bad and inaccurate advice.

 

[Silverplum]

Dad...I would recommend putting this poster on "ignore". He/she has been all over the forums today stating very bad and inaccurate advice.

Strongly seconding your advice.

Ignore the drpepper poster -- s/he has nothing of legal value to offer.

 

[Zephyr]

daddenied...thank you so much for updating, there are a lot of posters here in your corner.

I would definitely fight to get the older child removed from the support calculation. Mom saying that he has to help with finances is just her pulling heart strings...

 

[meanyjack]

Quite a lot of material there. In general it is a bad idea to agree to a child support beyond what your state requires. I know some people fall into this to get a lower starting payment, but in the end you usually end up losing more of your money. If your son is 18, has finished high school, and is not in school currently then you should have no problem getting the child support order terminated. I earmed my way through school in the military, my parents helped as they could but it wasn't a lot. That's life when mom and dad's finances are what they are. You seem to have some guilt about wanting to terminate the support order, your son is now an adult and you shouldn't feel guilty that he needs to work to help support himself. When your financial situation improves there's nothing that says you can't help more with the CS order terminated, mom simply won't have any legal means of trying to force you to do so. Which gives you a lot more say in what you expect of your son for that money, which is good for everyone. Ir really seems like if she isn't getting money from the new baby's father she's just trying to get child support from you for the kid and using your adult son as a proxy to accomplish this. It shouldn't be allowed, not your kid and not your problem.

As for the motion hearings, in the future you might try hiring a process server to go and preform the service instead of using mail service that depends on her acknowledging being served. She has a financial motive to try and avoid the hearing as she's probably quite aware that this will be the end of CS on your adult son.
I would bring everything up during the hearing. The fact that she lied about your son's school status could constitute fraud.

Your moronic backside is STILL here?!?!? Is someone paying you to post stupid stuff? Or are you like this EVERY DAY?

I second...third...fourth or whatever in line I am -- to suggest ignoring Dr. Crackpipe.

 

[daddenied]

Dad...I would recommend putting this poster on "ignore". He/she has been all over the forums today stating very bad and inaccurate advice.

Thanks LDJ!