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    awano74's Avatar
    awano74 Posts: 1, Reputation: 1
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    #1

    May 2, 2013, 04:58 PM
    Modification/dismiss
    I live in Iowa and I am pro se. I filed a modification for child support and custody. My ex is not following the decree. Did I have a specific time frame to serve him once it has been filed with the courts? (we have efile here so the attorney got it on the same day.) I didn't get a response in 20 days so I had my ex served by a sheriff. I now see that his attorney wants to file a petition to dismiss. How long do I have to respond to this? Any help would be appreciated.
    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 2, 2013, 05:26 PM
    Is your ex not following the original decree so you are filing for a modification, or did you file a modification, get a decree and he is not following that? Your post is unclear.

    Did his attorney file to dismiss the petition for modification or a court order? Again, you are unclear.

    What did you serve your ex?

    If he is not following the original decree what was that decree and what is he not following?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 2, 2013, 05:52 PM
    You e-filed the application to modify the original decree? If the case is still active, and the attorney is still your ex's attorney of record in the case (some jurisdictions provide that an attorney ceases being attorney of record in a case after a certain period of no activity), I don't know that you do have to serve the attorney's client.

    Revew the rules for the particular court involved, to answer these questions:
    1. the issue discussed above, and
    2. the time in which you must respond to the motion to dismiss.
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