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motion for reconsideration

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424Smudge

Member
What is the name of your state? Az

We filed a motion for reconsideration in regards to a judge awarding the other party attorneys fees over 3 months ago. The due date for the payment was the 31st of December. The reason we filed the motion is because Mother was requesting credit for attorneys fees that another judge already denied her. We have yet to receive a ruling on this matter and were wondering how long it usually takes to get a response. The matter was brought up the last time we were in court by her attorney and the judge told him that he would not make a ruling until her lawyer had a chance to respond to our motion. Do we just have to keep waiting for her lawyer to type up a response and if he never does one does it mean that we still owe the money since the judge has not squashed the order. The amount is over 3k and we cannot afford it nor do we think it is fair to pay it when almost all of it is from an incident over the summer that was ruled in our favor and the judge denied her the fees for.
 


424Smudge

Member
He is in child support arrears due to a car accident a while back and if we pay it then the money will never be reimbursed the judge will order it towards arrears. Is there any way that we can request that it not be put towards arrears? He hasn't missed a payment in years and pays extra on the arrears payment that he has assigned to him.
 

rmet4nzkx

Senior Member
BelizeBreeze said:
You have to pay, it was court ordered. Now you are in contempt for failure to pay by the due date. If a judge rules differently on the matter she would be ordered to reimburse you the payment, only if you you have abided by the order.
Welcome back. Did you have a nice vacation?
 

rmet4nzkx

Senior Member
424Smudge said:
What is the name of your state? Az

We filed a motion for reconsideration in regards to a judge awarding the other party attorneys fees over 3 months ago. The due date for the payment was the 31st of December. The reason we filed the motion is because Mother was requesting credit for attorneys fees that another judge already denied her. We have yet to receive a ruling on this matter and were wondering how long it usually takes to get a response. The matter was brought up the last time we were in court by her attorney and the judge told him that he would not make a ruling until her lawyer had a chance to respond to our motion. Do we just have to keep waiting for her lawyer to type up a response and if he never does one does it mean that we still owe the money since the judge has not squashed the order. The amount is over 3k and we cannot afford it nor do we think it is fair to pay it when almost all of it is from an incident over the summer that was ruled in our favor and the judge denied her the fees for.
Did you read your local rules for filing such an motion? Did you also file for a stay at the same time or as a part of the motion?
 

LdiJ

Senior Member
rmet4nzkx said:
:eek: Scruffy,
BB is going to be almost as mad at you as I@@L is at his paralegal who posted for him while he was on vacation ;)
Oh yeah....and we all really believe that?....NOT.
 

424Smudge

Member
rmet4nzkx said:
Did you read your local rules for filing such an motion? Did you also file for a stay at the same time or as a part of the motion?
I am not sure what a stay is but I had it filed by an attorney so I know it was filed properly. Plus the judge has already acknowledged that he got it.
 

rmet4nzkx

Senior Member
snostar said:
Wonder if the Scrufster got caught??? ;)
;) Apparently so because BB's(Scruffy's) posts were deleted. Scruffy needs to get her on moniker or she is liable to find herself declawed. :eek:
 

rmet4nzkx

Senior Member
424Smudge said:
I am not sure what a stay is but I had it filed by an attorney so I know it was filed properly. Plus the judge has already acknowledged that he got it.
Then these are questions for your attorney.
 

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