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MN had post-divorce hearing in January 2010. Received Judges…

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MN had post-divorce hearing in...
MN had post-divorce hearing in January 2010. Received Judge's Order May 12, 2010. Ex pretty much lost, so has said he is taking me back to Court with Motion Hearing Jul 7th, 2010. I have spent over $14,000 fighting my ex. I had to let my Attorney go, as my ex was having his Attorney ask mine random questions, and my Attorney charged me every time the Ex went to his Attorney with a question. I thought Court Orders were pretty real. How can ex keep taking me back to court on same issues? Also, ex is attempting to "compromise" with me. I thought the Court Order was kind of "set in stone." Thanks!
Submitted: 8 years ago.Category: Family Law
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6/23/2010
Family Lawyer: JaxLawyer, Family Law Attorney replied 8 years ago
JaxLawyer
JaxLawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 259
Experience: I have been practicing family law for eight years in several states.
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What is the hearing on the 7th for? "Discuss issues with the order" is not a legal basis for a motion hearing.
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Customer reply replied 8 years ago
All it says is "Motion Hearing" on the Court Calendar.
Family Lawyer: JaxLawyer, Family Law Attorney replied 8 years ago

You should have been served with the Motion, or your attorney if he was still representing you at the time, and the Motion would say what it was for, if not in the title it would say in the body of the Motion. If you can't get a copy from your attorney you can go to the courthouse and get a copy from the file. Read what the Motion says and then you will be able to prepare for the hearing. Anyone can get a hearing, it doesn't have to be legitimate or even reasonable. Just because someone asks for a hearing doesn't mean they will get what they want. No one at the court actually reads the Motion when it is filed, the clerk just lets the person file the motion. What it comes down to is whether the judge finds the motion to be legitimate at the hearing.

 

And if your ex wants to overturn something in the order, he would have to have a very substantial argument in his favor. Having a hearing just to discuss issues with the order doesn't sound like anything legitimate. A Motion to Set Aside Order would be the proper way to do it.

JaxLawyer
JaxLawyer, Family Law Attorney
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Experience: I have been practicing family law for eight years in several states.
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Customer reply replied 8 years ago
The Court Calendar says the Hearing is on July 7th, and yet I have not received any papers, and the Court Administration office said there are no papers filed at the Court House. Isn't there a timeline for Motions?
Family Lawyer: JaxLawyer, Family Law Attorney replied 8 years ago

What do you mean when you say the court says there are "no papers"? A Motion must have been filed in order for there to be a hearing set. It may be that your ex called the court administration office to set a hearing without filing the Motion, but usually they check to make sure a Motion has been filed. There hearing cannot be sooner than 17 days after the Motion and any accompanying documents have been mailed to you. If your ex has not mailed you a copy of the Motion or a notice of the hearing date, then you have not been properly served and an order cannot be entered against you. If you want to make sure that the court doesn't somehow enter an order against you in your absence you could show up at court and tell the judge that you were not served with the Motion.

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