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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What happens if I filed a Set aside judgment, then on a

Customer Question

What happens if I filed a Set aside for default judgment, then on a different date a set aside for support order FL 640 and a modification of child support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Has either been set for a hearing yet? Has either been heard?

Customer: replied 1 year ago.
set aside is set for hearing in May 2016
Expert:  Ely replied 1 year ago.

Thank you.

Nothing has yet happened. Simply filing a motion does not do anything - it has to be set for a hearing, and then heard. Ergo, the filing of the motion itself is only the initial action. One can move the date, "pass" the motion (drop it from the docket), or never set it for a hearing to begin with.

So it is the movant's choice (movant is the party filing the motion) as to WHICH (if either) motion they want heard.

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Customer: replied 1 year ago.
let's say I filed a set aside. Set aside is scheduled for May. A modification that is also filed is heard in April. And the a set aside for for child support in April. Can this negatively affect my original set aside that is scheduled to be heard in May??Can a judge get upset at me filing and having to many motions heard??
Expert:  Ely replied 1 year ago.

The Court should not be upset at a party for filing motions provided the motions have merit and are not frivolous. Assuming they are not, filing more than one motion at a time is really not a big deal.

It would make sense to set the set aside motion first, and then hope it works; but also have a modification set for later in case the set aside motion does not work - if this is what you are attempting to do.

So it may be best to have the set aside heard first, and then have the modification heard if the set aside fails. I would say that it would have been better to file them one by one and have them heard before filing the others just so the matters would not get tangled up, but what done is done.

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