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Time Limit for refilings?

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summerdawn

Senior Member
What is the name of your state (only U.S. law)? California

Father went to court very recently to get his child support reduced. It was reduced drastically-it went down to 299 per month for 3 children. The judgement on this was just barely filed on December 4th 2009, and now I just got served by mail with new papers-apparently on January 13th, not even a month after the last judgement was filed, he filed to reduce it again. Isn't there some sort of time limit he has to wait before filing again? He also used innacurate information on the filing papers, including drastically inflating his visitation time with the children. He is trying to say he spends 25 percent of his time with them when in reality it is around (less than) 10 percent.

One thing I don't understand, it has his income listed as 758 per month, his wife listed with no income, and expenses at $1,656.00 per month? It says his rent alone is 925 dollars. How can that be possible? :confused:

I don't want to start being dragged into court constantly again. :( It gets a little frustrating. It didn't look like his handwriting on the forms, either (as usual). Stepmom is running her mom's paralegal office while her mom teaches school, so I imagine it must be very for her easy to file motions while she is working. (Don't you have to have a license to be a paralegal??) Stepmom has stated (to me) that she doesn't think he should have to pay support at all, so I think the motions will keep on coming until the child support is lowered to practically nothing. All of my information is exactly the same as it was when I spoke with them for the last hearing, do you think I should even bother filling out the income and expense forms when the info is the same? Can they use the information they just got from me a couple of months ago?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? California

Father went to court very recently to get his child support reduced. It was reduced drastically-it went down to 299 per month for 3 children. The judgement on this was just barely filed on December 4th 2009, and now I just got served by mail with new papers-apparently on January 13th, not even a month after the last judgement was filed, he filed to reduce it again. Isn't there some sort of time limit he has to wait before filing again? He also used innacurate information on the filing papers, including drastically inflating his visitation time with the children. He is trying to say he spends 25 percent of his time with them when in reality it is around (less than) 10 percent.

One thing I don't understand, it has his income listed as 758 per month, his wife listed with no income, and expenses at $1,656.00 per month? It says his rent alone is 925 dollars. How can that be possible? :confused:

I don't want to start being dragged into court constantly again. :( It gets a little frustrating. It didn't look like his handwriting on the forms, either (as usual). Stepmom is running her mom's paralegal office while her mom teaches school, so I imagine it must be very for her easy to file motions while she is working. (Don't you have to have a license to be a paralegal??) Stepmom has stated (to me) that she doesn't think he should have to pay support at all, so I think the motions will keep on coming until the child support is lowered to practically nothing. All of my information is exactly the same as it was when I spoke with them for the last hearing, do you think I should even bother filling out the income and expense forms when the info is the same? Can they use the information they just got from me a couple of months ago?
nope, no license to be a paralegal. you technically don't have to be certified.

dad has the legal right to file before the judge even signed the last order. however, it's highly unlikely the judge will entertain the motion.

if dad is inflating visitation time, you simply show the court order for dad's visitation time. rules of evidence. if you don't agree, it never happened.

from the looks of it, someone doesn't know how to fill out the expense form. the judge will notice that "little" mistake.;)

OT: HI SUMMER!!!! we missed you!!
 

summerdawn

Senior Member
Thank you Isis! I'm sorry, I forgot I even posted this in the hectic business around here lol. I got a motion in the mail today and that's what reminded me of this post...

Dad went to court today and apparently they just dismissed it. The same order still stands.

I was concerned because he was claiming that he spends 25% of the time with the children. Even his court order says that he has a certain amount of time, not 25%, but more than he currently has. He doesn't take the time listed on the CO anymore-he has reduced his visits to about 15 hours per month. I don't have proof that he isn't taking all of his visitation time, though, it's just my word against his, so I didn't know how to prove it to the courts, if I should have to. The child support attorney told me to expect that they will probably file again, so I will be keeping in contact with the child support attorney and I will make an attempt to attend the next court date, if he should choose to refile.
 
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I don't have proof that he isn't taking all of his visitation time, though, it's just my word against his, so I didn't know how to prove it to the courts, if I should have to.
-Keep a log
-Save voice mails re visitation
-confirm all visitations (pickups and dropoffs) in writing via e-mail, and save.
 

summerdawn

Senior Member
-Keep a log
-Save voice mails re visitation
-confirm all visitations (pickups and dropoffs) in writing via e-mail, and save.
Thank you, ES. I was doing this ages ago but stopped because there haven't been any problems with our interactions. I'll start doing this again.
 

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