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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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I live in the state of Florida, my ex wife lives in South Carolina.

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I live in the state of Florida, my ex wife lives in South Carolina. We were divorced and child support started in New Jersey. I filed a motion to reduce support, emancipate my children, enforce her rights and request arrears be applied to student loans as my ex wife did not meet her obligation of 50% of college for both children. My initial motion was denied as I forgot to add the pre divorce agreement. I have since re-filed my motion for the end of May. I sent off the papers and I received the cross motion from my ex in the mail the other day. She did not include any CIS or financials, she has taken my paperwork I sent her when filing the motion and scribbled her opinion on each page with no supporting documents to her claims. Both the registered and regular mail copies had different statements on the papers. I don't know what she sent to the court!!!! Which is followed by a three page rant on how I am no good. With great 1st grade art with sad faces all over it. I am struggling on how to respond to this in my reply. What could the court possibly do for her wasting time and not giving proper documents. I was unemployed for 2 years and she received 40% bi weekly of my unemployment and I have paid consistantly since 2007 every week $400. In March of 2011 I was hit by a dump truck while on a job site and have had two surgeries so far with more to come. I have went to Florida child support every time she has filed a complaint with SC enforcement and everytime I went to child support and gave my doctors notes showing I was unable to work. My lawsuit is almost over for the accident and I am trying to tie up all the loose ends prior to my settlement. My oldest daughter has finished 4 years of college and is completing 6 mths of student teaching while working part time. My other daughter is in her 2nd year of college and lives in her own apartment and works full time. My children are 22 and 20 and just want this over. they have over $100,000 combined in student debt and their mother has paid nothing towards college since the beginning and claims that the document in the Final Judgement of divorce was made when we didn't understand how much college cost however we both knew how much it would be. I am looking to maybe get some legal advice on my situation. Please let me know if you need more information as I am hoping to get the reply out by Tuesday.
Thank you
I would keep your reply short. For example, if she was required for submit her response under oath, meaning sign under penalty of perjury, and she didn't do this with her "rant" then just point this out in your reply and say the court should not consider the mother's response as not under oath. To the extent she is saying things that are not relevant, don't respond other than to point out X Y and Z are not relevant to any issues before the court. As to the financials, you should just respond that the mother has not produced any opposing financial disclosure and therefore your calculations should be deemed proved. Will there be a live hearing where you are in court or just a "paper" hearing where you don't show up?
Customer: replied 4 years ago.

We have requested an oral argument however she has waived her right to oral argument. The last time the court denied the oral argument stating there was no need for both of us to travel to NJ since we both live out of state. I would like to be able to state my case to the judge however I believe again it will be a paper hearing.

She did submit her "rant" under oath since the last motion we filed it was not certified so we pointed that out and she replied to our reply with a corrected certification???? So she made sure she starred that statement on her paperwork. I will keep my reply short however is it wise to point out the falsehood of the statements as I have supporting documents that show the truth. Can I request that her cross motion be denied due to not completing the necessary paperwork?

As to false statements that are not relevant, it is a judgment call whether to respond to correct the record. I generally don't respond on a substantive basis, just point out that X Y and Z have no bearing on the present issues. On her cross motion, yes request it be denied for failure to comply with the court rules regarding financial information. Your reply should conclude with a "Request for Relief" where you tell the court exactly what you want it to do: Request for Relief: Deny the counter motion, grant fathers request for X Y and Z, enter a judgment against so and so, that sort of thing. If there was going to be a live hearing, you skip some details in your reply and argue them at the hearing, so put all the details in your reply - the shorter the better - complete but short. It takes longer to write a short reply than a long one.
Customer: replied 4 years ago.

Would you recommend any site where I can get more information on Request for relief. I thank you for all your help you have been very insightful.

I don't know of any specific web source, but its not anything technical, it is just a plain recital of exactly what you want the judge to do. It is one thing to say "I shouldn't be paying child support any more" and it is another thing to say " I am requesting that my child support obligation be terminated" The later is a Request for Relief, the prior is a complaint.
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