Divorce papers and Motions

[gr1080]

My wife and I signed a settlement stipulatin in front of a Court attorney-referee about 2 months ago on our last court date, or at least I thought it was!. I represented myself, I am also the plaintiff and she has an attorney. Her attorney was directed to submit the findings of fact and judgement of divorce to the court. However, after such a long period of time, I decided to submit the necessary paperwork needed to obtain the witten divorce order after I found her lawyer had not done so. Her attorney has informed me that my ex now wants another date to re argue the child support based on the fact that she has another child (child is not mine) and needs more finances. Can they get another date even though I submitted the final documents for judges signature 1 week prior to their submitted motion?

 

[irish223]

My wife and I signed a settlement stipulatin in front of a Court attorney-referee about 2 months ago on our last court date, or at least I thought it was!. I represented myself, I am also the plaintiff and she has an attorney. Her attorney was directed to submit the findings of fact and judgement of divorce to the court. However, after such a long period of time, I decided to submit the necessary paperwork needed to obtain the witten divorce order after I found her lawyer had not done so. Her attorney has informed me that my ex now wants another date to re argue the child support based on the fact that she has another child (child is not mine) and needs more finances. Can they get another date even though I submitted the final documents for judges signature 1 week prior to their submitted motion?

Maybe. I think there may be a bigger problem here. Was the other child born recently? If so, you are the legal father of the child since you aren't yet divorced. In that case, you'll have to have paternity disestablished in court.

 

[army judge]

Whether their petition is granted to argue for increased support is up to the judge. Normally, judges will allow people to be heard.

This is a risk pro se litigants undertake, motion madness. Non-lawyers may be well versed in their cases, but are often poorly skilled at procedural matters. Lawyers know this and use their procedural knowledge of the law to wear down (and often defeat) pro se litigants.