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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23751
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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I am in SC and I filed a Motion to Reconsider the Temporay

Customer Question

I am in SC and I filed a Motion to Reconsider the Temporay order that was issued by Family Court judge. I had to file within 10 days of the signed order but does the judge have a time limit to review and rule on my motion to reconsider?
Submitted: 4 years ago.
Category: Family Law
Expert:  Law Pro replied 4 years ago.

No, they don't have a specific time limit - usually they make their order/decision within 30 days. However, depending upon the matter - the judge could make an order immediately.

 

 

What was the underlying matter about?

Customer: replied 4 years ago.
It was a temporary hearing for contested divorce. Father was given primary custody of both minor children and my daughter has to pay $400 toward house payment (martial home that he is staying in with the children and $100 per week child support. She is having to live with us (her parents) now as the above is 43% of her income and she can not afford to get a place for her and her boys. The judge made his decision for the temporary orders based on fathers affidavit full of lies. Our reconsideration proves 17 lies. Right to reconsider was filed on 12-21. We have been told by many people that this "judge" hardly ever reverses his temporary orders. Hopeing and praying for rule of this reconsideration soon. Not sure what we should do if it is not in her favor. Thanks for listening to a concerned Mom and grandmother. Our attorney said that his order was based on the fact that their dad was retired police( disability since 2007) and could keep the children in the same enviroment without daycare and be there for them when they got home from school each day.(my daughter works) BUT the marital home is for sale and currently 2 months behind in payments since he has lived there alone and my daughter still has to make the $400 toward the housepayment each month????? Sorry, but this just not make any sense to us at all. We feel she has a good attorney but is giving us no hope at all and says for us to be patient as family court is not quick and could take up to 1-1 1/2 years if we have to fight until the permanent order. I personally think he (father) should be found in contempt of court for lieing on a sworn affidavit (He even lied about his monthly bills and "inflated" all of them. His car payment was stated over $300 more than actual.........enough venting from me...........maybe you could suggest something or give us some hope. thanks
Expert:  Law Pro replied 4 years ago.

Usually the judge makes decision within 30 days after receiving the motion for reconsideration - it would be an abuse of discretion if he doesn't.

 

I understand given the facts as you presented and agree with your attorney as to judge's decision in the matter - based upon the "best interests of the children."

 

The problem is - that although you filed a motion for reconsideration based upon lies - it's a matter of what was before the court at the time of the hearing. If you didn't or couldn't prove he was lying then - that evidence your presenting is not part of the record or court hearing that was held OR was it?

 

 

Customer: replied 4 years ago.

we were unaware that he would fabricate most of his affidavit (when we first heard of his lies was during that brief 15 min hearing) and we did not have documented proof at that time so our attorney told us we could then file a motion to reconsider based on his affidavit was not factual or creditable. That is where we are now, hoping for a ruling soon and really hoping for a reverse order but will be prepared to fight for the best interest of the minor children which would be with their mother due to father having a "abnormal controlling personality" which is now evident with the 11 yr old. The marriage is desolving after 14 years because of his controlling personality of my daughter and now the children. We are also requesting a GAL to be appointed for the children so they will have the representation that they deserve,

 

Are you telling me that because we did not present the documentation at the time of the temporay hearing than we can not do it now even though we did not know what lies to provide the documentation on? In fact at the brief 15 min hearing the judge told the attorneys and clients that he was off that day, came in to court just to hear this case and would have to read everything and then call the attorneys by 5 that day with his decision. It was not until 5:00 that same day (hearing was at 1:00) that he called the attorneys to say that children would remain with father and my daughter would get visitation and have to pay $400 toward the mtg and $100 per week in child support.......... which every other weekend visitation rights.

Expert:  Law Pro replied 4 years ago.

Did you also request that the court hold him in liable for perjury, hold in contempt, and sanction him for his lying to the court?

 

No, I'm not saying that you can't present evidence now because you didn't realize what evidence he would be presenting. Too, that you didn't know he would be presenting fraudulent information to the court - you couldn't possibly now of that.

 

I would think that I would immediately be filing a motion for modification - custodial orders can always be modified based upon the "best interests of the children" if he denies your request for reconsideration.

 

Then too, I would be filing an appeal - informing the judge that you will file an appeal of their decision if it goes against you. That on appeal the judge will have to write an opinion on the matter which they won't want to do based upon the facts you presented.

 

As such, I would think that the judge just isn't sure what to do - but that they will amend their order. What they will amend their order to - is up to their discretion in the matter and on what evidence they believe.

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