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rel131 · Jan 12, 2009, 04:06 PM

I recently filed a modication for an increase in child support and I was awarded the mondification. I do not have an attorney.
My ex-husband has filed an objection. Do I file a response to his objection or do I wait for the court to send me papers?

this8384 · Jan 12, 2009, 04:11 PM

What are his grounds for objecting? The judge may not even want to hear them.

rel131 · Jan 13, 2009, 03:42 AM

There are many objections to the ruling. Court used the wrong income, court failed to articulate rationale in applying CSSA combined income over $80,000, I withdrew from my IRA and used it as income, I did not show proof of the needs of my child,my boyfriend lives w/us and does not contribute,I filed bankruptcy and my debts have been cleared, I am a serial car purchaser, and the list goes on and on...

stevetcg · Jan 13, 2009, 06:09 AM

Originally Posted by rel131

There are many objections to the ruling. Court used the wrong income, court failed to articulate rationale in applying CSSA combined income over $80,000, I withdrew from my IRA and used it as income, I did not show proof of the needs of my child,my boyfriend lives w/us and does not contribute,I filed bankruptcy and my debts have been cleared, I am a serial car purchaser, and the list goes on and on...

The court might not even hear him, so I wouldn't worry about replying to anything until the court asks you to. This is family court so there won't be any official way you need to reply. You will simply have another hearing.

I assume since he is objecting after the fact that he failed to appear for the original judgment?

rel131 · Jan 13, 2009, 06:46 AM

Yes, he appeard with his "free" attorney who is a family friend. The Judge said we would be notified in writing, which we were and he had 30 days to object, which he did on the
29th day. So I guess I just wait for the court's decision or a new trial date?

cjonline · Jan 13, 2009, 08:10 AM

If he had that may objections some, if not all, of them would have been heard in court, right? Or is this the first time you are hearing any of it?

It sound to me as though he is going to put everything out there and see if one gets the Judge to rule differently. IMO, the judge is smart enough to see it for what it is, trying to find a way to lower the support amount.

You shouldn't have to do anything unless you get paperwork from the court. You can always call the clerk and ask if a response is needed, they will let you know that. Make sure you tell them your case number so they can check your file and get their name and the date and time you called. It might be better for you to go down there and ask if you can; I have had better luck with that.

What state do you live in? In Virginia with the JDR courts he would have only had 10 court days to object and would have had to have new information or proof that incorrect information was used in order to get it reheard. Now that is only with support. Everything else in JDR courts is 30 days to object.

rel131 · Jan 13, 2009, 08:55 AM

Yes, everything that they are objecting to was already heard.
I live in New York State. The papers said he had 30 days to object.
I hope (for my child's sake) that the Judge is smart enough to see
What he is trying to pull.
Thanks!

cjonline · Jan 13, 2009, 10:07 AM

If it was already heard and ruled on then there was no reason for an objection. If he filed paperwork to object for reasons already heard in court that will only upset the Judge.

I would still call the clerk to make sure no response was needed then just wait until you hear something.

rel131 · Jan 13, 2009, 10:13 AM

Thank You.. I will call the Court Clerk and see if I need to file an answer.