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    browne74's Avatar
    browne74 Posts: 1, Reputation: 1
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    #1

    Apr 10, 2009, 11:57 AM
    What to do on a Motion to Vacate and Objection to Final Judgment
    This started as a Modification of Child Support. NCP WAS NOT happy with the amount Hearing Officer set and has since hired a different attorney and that attorney has filed a Motion to Vacate and Objection to Final Judgment. What do you recommend I do now? I don't have the money for an attorney and this was done originally through CSE (Child Support Enforcement)?

    Is there something I need to file to answer this? What is the procedure? Totally lost. Thank you for any kind of direction
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 10, 2009, 12:02 PM

    You can't afford NOT to have an attorney. If you try battling this against an attorney there is a strong chance you will lose.

    I suspect you don't have to do anything at this point unless the paperwork says you do. The objection has to be based on some mistake the judge made. So a higher court will review the transcript and rule on the motion.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Apr 10, 2009, 12:03 PM

    Hello B:

    If CSE represented you to the point of getting the initial judgment, their job isn't done. Call them up. They should continue till it's done.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Apr 11, 2009, 12:22 PM

    What exactly do you mean by "not happy" with their order? Was it too much or not enough? Which side are you on anyway? Are you the one who wanted the modification or the one who had the modification filed against them? Did you have legitimate reasons for wanting more support money or was it just because the other party now made more money and you think you're entitled to more money for the child(ren)?

    Appealing a decision is not easy and it is not cheap either. And there has to be judicial error in order for the appeal to go through.
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