Motion to Dismiss due to subject matter jurisdiction?
Currently, I have two separate courts hearing separate matters. Court A = custody&visitation and court B = child support. My ex husband filed a motion to vacate a support order made in Dec. 2010 to court A (custody/visitation). I have a minute order showing that court B "retains jurisdiction to make orders retroactive". I am working on my responsive declaration but was wondering if I could just file a motion to dismiss his OSC because it lacks subject matter jurisdiction? Am I clear in understanding subject matter jurisdiction? Your response is greatly appreciated. Thank you!
Comment on AK lawyer's post
Thank you so much for responding. Can I ask you this? Does the meaning of subject matter jurisdiction change from state to state? And what exactly does it mean? In answer to your question, yes both courthouses are in Los Angeles County. From what I understand by the minute order and in from speaking to the clerk at CCW, CCW retains jurisdiction over anything pertaining to child support orders, especially retroactively, which is exactly what my ex-husband is asking the Pasadena courthouse to do. He is asking that Pasadena courthouse vacate the 12/10 child support order made at CCW. Pasadena has not made any kind of child support orders since 04'. Which is precisely why I opened up a case with L.A. County Child Support which work directly with Central Civil West. I hope I'm not being redundant and/or overly verbose, I just want to ge this one right. Can you refer me to someone here in California who might know for sure? Thanks so much!
What do you mean no basis so far?
Hi Califdadof3.. can you clarify what you mean by there is no basis so far? There is no basis for his motion? Or there is no basis for my motion to dismiss? I submitted my tax returns to the IRS and then to Child Support. I was in full compliance. He is just angry that he had to pay more child support and is currently near 90 days in contempt of that child support order. I don't feel that I should have to hand over my car loan bcse banks loan out money based on their own criteria and discretion. He's assuming that I pay as much as him. Please help. I'm in pro per and I don't know how and why to request a motion to dismiss. Thank you!