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    startnoveragain's Avatar
    startnoveragain Posts: 2, Reputation: 1
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    #1

    Dec 28, 2010, 05:55 PM
    Motion to dismiss mothers motion for modification of child support
    I filed a motion pro se, to modify child support based on a few issues.One is his attorney did the child support guidelines sheet and added to my income and subtracted from his on the same line. 2) he didn't include bartering I recently found out about and can prove 3) I was never provided with his taxes just amounts , I now see he deducts what was our personal investment as a business expense of 15.000 a yr. the bartering he did is in excess of 70.000 none is included. He owns a landscaping company and tree nursery and last reason is he was given joint custody having the kids tuesdays Thursday and picking up and dropping off at school on every other fri and Monday. He has not once since August 1 taken any of his tuesdays or thursdays and has never picked up or dropped off at their schools. instead he won't even see them unless I drive the hour to drop them off to him and I pick them up. I also have him in contempt of the court order for non payment of the added child support issues like sports stuff extra activities etc.. .

    His lawyer filed a motion to dismiss saying too much info in one motion, and that his client denies the visitation accusations. etc. the kids are 15 and 10 and am hoping they are spoken to ,to validate everything in the complaint. Here's my question.
    Do judges really dismiss cases based on a pro se litigants added too much info in one motion.. or that I didn't separate into paragraphs. I mean I did all the filing and serving correctly do they really just dismiss because the lawyer says it is to complicated to read
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Dec 28, 2010, 07:20 PM

    Family Courts tend to be less formal since many litigants are going pro se. That being said anyone going pro se against an attorney starts with 2 strikes against them. Not in the courts eyes but because an attorney knows how to do things correctly.

    It is possible the judge will throw out the motion and ask you to simplify it.

    I would look for my own attorney. You may be able to get his fees paid by the father if he is found to have hidden income.

    At the least I would try to find some local group (many law schools have clinics to help people) that can help you prepare your motions.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #3

    Dec 28, 2010, 07:37 PM

    If you wrote it like we see it here there is no real focus to it. Also it doesn't appear that enough time has passed since the last decision. That being the case it can get thrown out. It sounds more like sour grapes because you didn't do your homework the first time so your trying to do it over.
    startnoveragain's Avatar
    startnoveragain Posts: 2, Reputation: 1
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    #4

    Dec 28, 2010, 07:48 PM
    Comment on ScottGem's post
    Thank you so much. I truly appreciate your time. What you do makes such a difference for so many people.I know you volunteer your time here with no other reward than knowing you are helping people and I wanted to thank you.
    asking's Avatar
    asking Posts: 2,673, Reputation: 660
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    #5

    Dec 28, 2010, 07:55 PM

    Scott is right. If your ex concealed income and isn't living by the custody agreement, you have plenty of reason to go back to court on this. But you definitely should not represent yourself. You need your own lawyer. Get one now.

    Also, do NOT trust anything your ex's lawyer says or does--like letting him fill out the child support form. He represents your ex, not you.

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