Family Law Questions? Ask a Family Lawyer Online.
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1. If your ex isn't paying court ordered support, you need to file a counter motion for contempt on him for not paying his court ordered support. I find it laughable that he stopped paying you support and is now trying to use that as a reason to get custody. That line of reasoning will not go well for him.
2. You can file a motion to dismiss his pleading if it does not sufficiently outlined the grounds for changing custody.
3. Because of the timeline for discovery (30-45 days) while you could request discovery before the hearing, it's not likely that you would have what you needed before a temporary hearing. Temporary hearings are not as formal as final hearings, and often the Judge will ask the parties to confer before having the hearing, to see if an agreed temporary order can be made. If not, then the Judge would ask each party to state their side of the case and would then make a ruling.