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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12681
Experience:  Licensed experienced Attorney
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The court has given benefit to ex-wife to reopen alimony case even though she did not call

Resolved Question:

The court has given benefit to ex-wife to reopen alimony case even though she did not call and leave her telephone number for the scheduled teleconference. However the court has no record she left her international telephone number with the automated line. And, she is not able to prove that she called other than just her word. So, the court has given her the benefit of the doubt just based on her word. Can I petition that the court needs evidence that she made the call in the event she is falsifying information?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

Did the court already ordered the alimony case to be reopened?
Customer: replied 1 year ago.

Yes, the court send a letter to reopen the case just based on the word of ex-wife with no evidence or proof that she called to leave her contact information for the schedule teleconference.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

While you can file a Motion for the court to reconsider the ruling to re-open ex-wife's alimony case, generally the court is pretty liberal when it comes to re-opening cases where one side might have been defaulted for either missing a court hearing or a teleconference, so it might be an uphill legal battle to attempt to get the judge to reconsider the decision to reopen your ex-wife's alimony case, unless you have some solid evidence that your ex-wife somehow committed fraud upon the court in her motion to reopen her alimony case.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 1 year ago.

Also, I would like to note in the letter (order) to reopen, the court did not mention any technical difficulties or malfunctions with the automated telephone line to take her contact information. So, it would be safe to assume that if she did call and leave her information then there should at least be a record of her call on the system. Could this be a logical case to make with the court to get them to reconsider reversing the case?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

You could include and valid reasons or facts to support your motion to reconsider, but the judges are generally very liberal when it comes to allowing litigants to re-open a case if a court hearing or teleconference was missed, however it might still be worth a shot, since you really do not stand to loss anything, even if your motion is denied by the court.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12681
Experience: Licensed experienced Attorney
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