Motion To Modify
A motion put before the court requesting that changes be made in physical or legal custody, or in child support payments, thus modifying the existing arrangement.
Question: My ex is retired and he has a motion to modify a life alimony awared by the court in 1999 Washington,DC how ca? I was divorced in 1999 after 36 yrs of marriage, and The Judge awarded me alimony , if I remarried or die then it cease. He is retired now and want to modify the payments for than reason. His life style has not changed. My question ii what motion do I need to file to stop the discovery which was done when we got out divorce?
Answer: If his income is reduced, then there is a possibility that your alimony will be reduced. My ex is filing for disability and filed a motion to modify court ordered child support. Although I filed an appeal his support payments were reduced to zero.
Question: I filed ch 13 and just received a motion to modify stay from the trustee of court. What does this mean? A creditor was trying to repossess an item that I still have and want to keep. I received a letter from the trustee of court for a motion to modify stay. Does anyone know what this means?
Answer: The repossession was stayed when you filed the petition. The creditor has moved to somehow modify that stay, perhaps to lift it. You need to read the motion papers.
Question: has anyone ever received a motion to modify the automatic stay? i filed chapter 7 bankrupcy,,i recently financed a car. i got a letter from the finance companys lawyer ,,a motion to modify the automatic stay. i am not behind in payments,, i want to keep car. my insurance company sent a cancellation notice to finance co. i have current insr i renewed but insurance co did not tell finace co. all i need to do is fax lawyer proof of ins right?
am i going to loose my car?
Answer: One does not know why your finance company filed a motion for relief from stay.
Your attorney could file an objection and request for hearing and then the finance company would have to argue why it needed relief from stay before the judge.
It is NOT enough to "fax lawyer proof of ins" -- the party that filed the motion for relief would have to withdraw the motion. YOU cannot contact the finance company because it is prohibited from talking to you about a debt until it is granted relief from stay.
Try having your attorney (not you) contact the finance company to find out whether it would withdraw its motion if the attorney faxed it the proof of insurance. If the answer is yes, your attorney will do what is necessary to get them the proof of insurance and have them withdraw the motion.
Question: Is there a waiting period before one can file motion to modify? on a child custody. Our divorce was final in September and he has already filed a motion to modify child custody in November. I haven't been severed personally. But, have received a letter in the mail. I thought that you had to wait 2 years before you could file or be granted a motion to modify. I live in the state of missouri. Also, it says that he is supposed to serve me by 12/08. what happens if I make it difficult for him to serve me? Any information or links to information would be appreciated. thanks!
Answer: Here is the law in Missouri (I assume that's where he lives too):
Motion to modify custody:
http://www.moga.mo.gov/statutes/C400-499…
452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any judgment respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.
There are additional sections...just follow the link :-)
Question: Does a motion to modify cover child support, AND visitation in Oklahoma? If we file a 'motion to modify' will it help us modify the visitation? We are working with Cherokee county in Oklahoma. The motion to modify paper says 'motion to modify child support' but has a check box for the living arrangements being changed, would that count for visitation? If there is another motion to change the visitation, what would that be? THANKS!!
Answer: the box has to do with a change in the orders due to a custody change. visitation is a separate issue.
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Question: Can I file a "motion to modify" for income withholdings for child support myself? Question is, can I file a motion to modify for income withholdings myself with the court? If so, how do I proceed? The family court division "guessed" my income for the withholdings and it is not accurrate at all.
Answer: Yes, you can file it on your own. For an example of the form
Try this website: http://www.formsworkflow.com/
Be sure to include 3 or 4 of your paystubs
Just remember it's your obligation to serve or mail a copy to the other party(parent)
Question: Can I file a motion to modify after I have a court date? I am representing myself in my child support case.
I filed a motion for contempt and order to appear and have already been given a court date.
Is it too late for me to file the modification and have all the motions heard at the court date that I have already established?
Thanks!
Thanks for the good suggestions!
Answer: Ususally you have to do it at least 10 days before the date so the other party has proper notice. Also, you will need to go to the clerk's office because if the Judge has a full load that day, they may not be able to hear it.
Question: How do i file motion to modify child support on my own w/o attorneys this time? I have spent all I have in courts and lawyers for my childrens sake, and need to learn how to file motions on my own. Any help for men out there?
Answer: http://tinyurl.com/ChildSupportModificat…
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Question: How do I file a motion to modify a restraining order in Florida? anyone knows how to do it? maybe anyone knows where I can find a sample of it?
Answer: Motion To Modify A Restraining Order
A motion to modify the restraining order would need to be completed and filed with the Clerk of Court. Once the victim has completed the form, the deputy clerk will forward to the family law Judge for review. The court may set a hearing or grant the motion. If the court grants the motion, the court will prepare an order to reflect the modifications. The original order is filed with the Clerk’s Office and both parties will be provided a copy of the new order.
Question: How often can an ex-spouse file a motion to modify in Missouri? I am in the middle of one (make more money than I did when we were divorced two years ago) and feel absolutely helpless. My attorney basically keeps saying theres nothing we can do since Im at the top of the state's table. Can she do this ANY time? Can I file if I make less next year? Should I expect to have to pay her legal fees?
Answer: Hate to tell you this, but she's got you. The judge can order you to pay her legal fees too. However, if you start making less money, you must go back to court and get the judgement modified. As long as you can prove the change in income, a judge will more than likely reduce it according to the state's income table.
Question: what can I do about the clerks not filing my motion to modify the same day? I turned it in which allowed the mother of my children to take them out of Missouri either to Texas or Arkansas!!! I had to CALL the day she left and they said oh yes, it's sitting on the desk and the person will be back tomorrow to put it through!!!! How can I get her served? She ran off in the car she was financing too! She has no job. Advice?
Answer: See my answer to your other question.
http://answers.yahoo.com/question/index?…
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Question: if i signed a custody motion to modify to lower child support but didn't sign in front of notary is it legal? my son dad requested i lower child support and give him joint custody. i agreed if he was more involved in the childs life. he had his aty write up docs for motion to modify and he said to meet him in parking lot to sign papers. He then had papers signed by notary later that day when i was not around. How can i fight for original court order to be in place?
Answer: What kind of notary would sign without both people present?
Why did you sign it in the first place? I understand maybe you're just having second thoughts on it now. Why? Is he not being more involved? I am assuming this was not put down in writing. If he agreed, then you have a verbal agreement, and that might be worth something. However, "being more involved" is vague and you'll have a hard time proving that he isn't doing enough.
You're asking for the original court order to be in place. So, this new agreement was accepted by the court? I would ask your attorney if you can appeal this decision.
Question: i received a notice in the mail to come to court motion to modify/medical insurance support coverage for my? daughter and he is the repondent does it mean he dont want to pay anymore and he want me to pay?
Answer: The court will determine who will pay.
Question: how would i go about filing for a motion to modify court papers without an attorney? i need to file with the attorney generals office for child support but i cant afford an attorney, i live in texas so if any body could give me a clue of how to get this ball rolling i would appreciate it.
Answer: who cares...... get an attorney.... get it done right.
Question: Can you file motion to modify custody in a different county from where the original was filed?
Answer: Not directly. You may be able to file a motion in the original county to move the case (called change of venue) to a different county. The rules on when you can do this and the reasons allowed vary from state to state.
Using California law, a motion to change venue will not be granted if either parent and/or the children remain in the original county; unless the parent wanting the change can show extraordinary compelling reasons.
If both parents have moved from the original county, the courts are more likely to move the case to the county where the children actually have been living, since more information about the children is likely to be found there.
Question: I have just received paperwork from my ex for a motion to modify support.? It is the beginning of August and I have not received any support since the order went into place May 28th.
He has filed the paperwork with all of the same excuses as to what he was already denied in May.
Anyone have any input or knowledge on the outcome of this kind of hearing is?
Also, any input on not receiving the affidavit of service would be helpful!
Thanks!
Answer: In my state which is ohio my child support can not be modified for 3 years, unless my ex has a big finanical hardship, examples, loses job and can't find one soon, dies(obviously) injures himself at work, those things on those lines. From experience I know it's frustrating, my ex was issued to pay support three years ago this march and he is 10,300 behind for just my daughter, (i've only received 3 payments in 3 yrs) he hasn't worked in 2 years, but unless he goes in to get it modified they won't do it for him. After numerous visits to the courthouse to take him back the only thing the courts have done is he had 30 days in jail 1 1/2 years ago and license taken away. I have not heard from anyone for months nor him, so i would suggest calling your child support case worker, see if he can modify it so soon, i can't see how he can, unless it was a very bad thing that happened to him. The judge should make him look for work if he was out of a job before they modify it so soon. I think just because he filed the papers it doesn't mean he'll get it granted. It's hard to explain the circumstances on this, but good luck and like i said check with your case worker.
Question: What are my legal rights when my ex-wife filed, wrongly, a motion to modify judgement and the judge accepted i My ex filed a motion to set aside judgment that was made in January of this year. We had 2 proceedings with the first being a Emergency Hearing of Custody-which I gained temp. custody then the second hearing to set for hearing on permenant custody and support. She showed to neither, but says now she did not receive notice-We have a certified document that she signed that she was served. She was granted a hearing, her old attorney has not yet officially removed himself from the case, and she submitted a letter, not a motion to show appearance, or a verified petition to modify support and so on. The judge allowed the letter. She also did not show for a depo for my attorney and says she will not be able to make it to the court date. She lives in another state. But she cannot make a hearing that she asked for? Can my attorney and I cite her and or contempt her? Will the judge go ahead and modify the support with her not there? Also, I was never served with her letter either which
Please give some legal details or experiences instead of answers of talking to your lawyer. I want other advice and if I wanted to talk to my lawyer I would have and I have. I would not be posting this question for an answer to talk to my lawyer.
The hearing will be held in Indiana and my ex lives in KY.
Answer: If I knew the jurisidiction of your hearing, I could give you a better response. What is the state in which the motion was filed and in what state does your ex-wife reside?
Was the letter a cover letter to go with a "verified Petition to Modify Support?" If so, it was the Petition that was allowed. The letter is typically removed by the Clerk of the Court. Letters directly to a judge, without notice and a copy to the other side, is ex parte communication and is not allowed.
You cannot "cite" her for contempt, however, you can file a Motion for Rule to Show Cause" why she should not be held in contempt for failing to serve documents.
Question: where can I find a legal paper called motion to modify for child visitations? parents were never married and father has not been able to see kids for about 6 yrs now
Answer: In the court house near you
Question: I have an emergency motion to modify temporary court orders in two days.? Motion to modify temp. custody orders is coming in 2 days. What will happen if my soon to be X doesn't come to court? She emailed me saying our son was switched and attached pics!!! I have our 7 year old daughter, who she doesn't seem to care about in the least but she refuses to give me our 1o month old son.
Answer: If she doesn't show, and doesn't provide an acceptable excuse, you win by default.
make sure you accuse her of harming the boy so she can blame you for it and get custody
Question: Is there a motion to modify an existing child support/custody order where I just change the child's name in MI? This is in Wayne County, MI
There was a legal name change.
Answer: Did the child's name change? You can't swap a child support order from one child to another, but if the child's name has changed then there is a means to change the order appropriately.
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