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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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I opened a case with the dept of child support services because

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I opened a case with the dept of child support services because my ex husband was always late on the support each month or not pay. The case is now open in that department. I just got served from a modifacation in support, set for a hearing in January.

We have a home that we are short selling, but now he has backed out of the sale. On this question I asked an attorney on Just Answer and found what i can do.

My question is can I still file an emergency hearing or ex parte with the child support hearing coming up in January? Is the child support and visitation now in two differant juristictions?
Submitted: 1 year ago.
Category: Family Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

I am somewhat unclear. You mention visitation but don't state that there is any action to modify visitation, just child support. Any modification of visitation and/or child support will be in the original court. That court retains jurisdiction. I am not sure what is going on with child support services. Unless he is currently order to pay through the court then they would not have any jurisdiction to open a case against him. You would have to file what is called a Rule to Show Cause in the original court and ask that court to make him pay through the court system in the future. Then it would be up to the court to collect for you. Does that make sense and clear it up for you? If not please continue. Thanks
Customer: replied 1 year ago.


My question is can I file an emergency motion to make him sell the house in the short sale, due to a short time frame with the bank and buyers. This would be a sperate matter from the child support case, and yes I did ger severed with a modifation for child support for a hearing in January.

Expert:  lwpat replied 1 year ago.
Was there a court order to sell the house in the divorce?
Customer: replied 1 year ago.
He was ordered to refi the house and get me off the loan. After 4 year, ti two loan mods, he cant get me off the loan because the the house is upside down nearly -350 k.
Expert:  lwpat replied 1 year ago.

Then you should file a complaint with the court asking that the court order that it be sold at the short sale. It would not be a motion since the case is over but you can file a complaint and ask that the court expedite the hearing.

Customer: replied 1 year ago.
can there be two motions fileed for two different things ? if a motion has been filed for child support.
Expert:  lwpat replied 1 year ago.
Yes but again since the original case is closed it would be a complaint, not a motion. Motions are made only on open cases. You can file a return to the existing complaint and counterclaim for sale of the house or you can file a separate complaint. Usually you would want to file a counterclaim if possible.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

One last question.


When I file an ex parte or emergecy hearing order, I know that I have to serve the other party with a preliminary notice that say Im filing an ex parte. Then file the ex parte the next day, and then call or fax him with court date.


 


In the prelimanry notice forms I sevre him I have to attach a decerlation, income forms.


 


Do I need to include all the email, bank statements of the short sale and other evidence?? I mean copies??


 


Thanks


 


 

Expert:  lwpat replied 1 year ago.
Here is information on ex parte complaints. I don't see that the short sale issue meets the requirement of irreparable harm or immediate danger.

http://documents.jdsupra.com/42ee8619-1350-4f65-a67c-225756488be2.pdf

Do I need to include all the email, bank statements of the short sale and other evidence?? I mean copies??

You can attach those to your declaration.
Customer: replied 1 year ago.
What if there was a time frame issue to short sale the house, with the bank giving us a deadline and buys on hold, and good reason to sell a home that is 350 k under?
Expert:  lwpat replied 1 year ago.
You can always file and see what the judge says. The judge might agree.
Customer: replied 1 year ago.
Thank you for all your help!
Expert:  lwpat replied 1 year ago.
You are most welcome and good luck
Customer: replied 1 year ago.
I had the emergency hearing denined and I applied for OST, that was all also denided. I have a court date in Feb for this issue now. Is therr anything I can file?
Expert:  lwpat replied 1 year ago.
I am sorry but as I said it did not appear that the court would consider it sufficient for an emergency hearing. There is nothing that you can do but wait until February. Family courts are not very efficient.
Customer: replied 1 year ago.
Should I attach more info a decleration page about how he is damaging my credit and how he misses payments. Also he owes alot of back taxes.kinda of building my case.
Expert:  lwpat replied 1 year ago.
That would be improper. You have to submit evidence at the hearing.
Customer: replied 1 year ago.
Do you that judge might make a ruling to sell the house, based on this stuation?
Expert:  lwpat replied 1 year ago.
That is difficult to answer in this economy. However, I would expect the judge to order the house to be sold so that it is not on your credit.

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