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BarbinFl99 · Jul 6, 2010, 02:11 PM

I am looking for a sample motion to dismiss for lack of disclosure (zero disclosure) as well as petitioner not signing, nor having notarized the supplemental petition for modification of child - in Florida. I have looked on the web and am unable to find a sample.

I would appreciate if anyone could direct me where I could find a sample.

cdad · Jul 6, 2010, 02:29 PM

Simply fill out a response form. And state your grounds for dismissal. The problem is that if this is heading for a hearing you may still need to go there. From the sounds of it what you really need is motions to compell and that way you get what's needed from the other party and you can hold them in contempt. Its also possible that you stated it incorrectly and you don't have a case at all. What is the issues over?

BarbinFl99 · Jul 6, 2010, 02:40 PM

No hearing, Florida sends family law to manditory mediation. My ex filed for modification of child support and basically the only thing he did correct was put his name on it! He showed no proof of income, etc. Not only did he not sign/notarize this,

cdad · Jul 6, 2010, 03:03 PM

Proof of income is not grounds for dismissal. That's because the law allows for the courts to impune income onto a party. You also could bring it up in mediation. What was his excuse for a modification?
When was the last modification done?

cdad · Jul 6, 2010, 03:19 PM

You can always start here with the last known information. And see where that gets you to.

Ref:

http://rds.yahoo.com/_ylt=A0oG72qKqz...t/pdf/poz8.pdf

BarbinFl99 · Jul 6, 2010, 03:26 PM

Thanks for the link CalifDadof3. It confirmed, based on his last stated income (which is lower than his new income) and mine, that what my last attorney said holds true and the amount of his contribution basically stayed the same.

cdad · Jul 6, 2010, 03:30 PM

Your welcome. And welcome to AMHD.

BarbinFl99 · Jul 6, 2010, 03:33 PM

Ty :-) I will be returning, this is a great site. Glad I found it!

ScottGem · Jul 6, 2010, 04:19 PM

Please don't use the comments (Reply) for follow-up. We are experimenting with a new interface and there are problems with it. Use the Answer this Question options for follow-up responses.

cdad · Jul 6, 2010, 04:25 PM

Originally Posted by ScottGem

Please don't use the comments (Reply) for followup. We are experimenting with a new interface and there are problems with it. Use the Answer this Question options for followup responses.

Hope its fixed soon ;)

BarbinFl99 · Jul 6, 2010, 06:52 PM

Sorry about that. I was wondering why I couldn't view my response. My first time here. I will do better next time :-)

twinkiedooter · Jul 8, 2010, 10:08 AM

You need to do a Motion to Compel and then schedule a hearing before the Judge. At the hearing the Judge will give the other party so many days in which to answer and then when they don't you can THEN submit a Motion to Dismiss and schedule a hearing on that motion. If the party does not submit the answers or documents by the time of the hearing the Judge will sign an Order of Dismissal right after the hearing on the Motion to Dismiss. In that order.

this8384 · Jul 8, 2010, 12:24 PM

Originally Posted by BarbinFl99

I am looking for a sample motion to dismiss for lack of disclosure (zero disclosure) as well as petitioner not signing, nor having notarized the supplemental petition for modification of child - in Florida. I have looked on the web and am unable to find a sample.

I would appreciate if anyone could direct me where I could find a sample.

I'm going to make some assumptions, so correct me if I'm wrong. You are the custodial parent; your ex has filed a motion to modify child support - most likely to have it reduced. You state that he did not sign the form and you would like to have his motion dismissed - is that correct?

What are his grounds for modifying child support? Has he lost his job or significantly reduced his income? Is he spending more time with the child(ren)? You said he failed to sign the paperwork but what did he provide to the court?