Filing combined motions to save money

[416021va]

I will be drafting a few motions and petitions shortly.

Some of my petitions and motions may overstep each other.

Example: I would like to clarify my existing modification because it is vague in some areas.

However, I would like to petition to modify visitation and other relief because I want shared parenting and more visiation time with my child.

I would also like to file a motion to clarify my child support arrearages.

My questions are as follows:

1) Can I petition and file a motion all at the same time (combined motion), when the issues seem to overlap?

2) How do I determine what can be filed together and what cannot/ should not?

Thanks SOC!!!

[socrateaser]

>My questions are as follows:
>
>1) Can I petition and file a motion all at the same time
>(combined motion), when the issues seem to overlap?

Arreages should be on separate motion.

Custody and clarification of issues can be part of same motion, if issues are related to parenting, including transportation. However, there is a financial component to some issue, e.g., cost of travel, cost of daycare, education, medical, etc., then you can add that to the motion because it's something that the court must decide immediately after deciding the custody issue. Custody issues always go first -- money/property is applied after custody is determined.

>
>2) How do I determine what can be filed together and what
>cannot/ should not?

See above.

[416021va]

Soc-

I have decided to perform a simple motion to clarify, and address the other issues later.

My questions are as follows:

1) What happens when I send the judge a motion to clarify? Is there a hearing?

2) Does the other party have the capacity to contest my motion, or have to answer it?

3) Does the other party have the capacity to stipulate directly with me once they receive a copy of my motion?

Thanks SOC!!

[socrateaser]

>My questions are as follows:
>
>1) Can I petition and file a motion all at the same time
>(combined motion), when the issues seem to overlap?

Arreages should be on separate motion.

Custody and clarification of issues can be part of same motion, if issues are related to parenting, including transportation. However, there is a financial component to some issue, e.g., cost of travel, cost of daycare, education, medical, etc., then you can add that to the motion because it's something that the court must decide immediately after deciding the custody issue. Custody issues always go first -- money/property is applied after custody is determined.

>
>2) How do I determine what can be filed together and what
>cannot/ should not?

See above.

[416021va]

Soc-

I have decided to perform a simple motion to clarify, and address the other issues later.

My questions are as follows:

1) What happens when I send the judge a motion to clarify? Is there a hearing?

2) Does the other party have the capacity to contest my motion, or have to answer it?

3) Does the other party have the capacity to stipulate directly with me once they receive a copy of my motion?

Thanks SOC!!

[socrateaser]

>My questions are as follows:
>
>1) What happens when I send the judge a motion to clarify? Is
>there a hearing?

Depends on the state. I don't know FL civil procedure in this area. In some states (e.g., GA), a motion is decided based on the written pleadings of the parties, unless a party specifically requests a hearing. In other states (e.g., CA), a hearing is mandatory for every motion.

>
>2) Does the other party have the capacity to contest my
>motion, or have to answer it?

The other party does not have to respond, but is entitled to do so, and usually does, unless the motion is for contempt. Then the other party has a presumption of innocence until proven guilty beyond all reasonable daobut, and can refuse to testify, so there's little point in responding.

>
>3) Does the other party have the capacity to stipulate
>directly with me once they receive a copy of my motion?

yes.

[416021va]

Soc thanks,

I don't know how to ask, so I am just going to ask.

I have completed my motion to clarify.

I would like to know if I am going too far by telling the judge "how to clarify" based on whatever grounds I have in my motion"?

The closest thing that I could find in Florida for a template on my motion to clarify was this pdf:

//www.jud6.org/RepresentingYourself/Commonly%20asked%20for/ Motion%20to%20or%20for%20local%20form.pdf

(The above url will not hyperlink properly, you will have to cut and past the link into your address bar to view it).

The way that I see this is that in my motion to clarify, I am not only asking the court to clarify, but how I would like to clarify.

I do not want to get in trouble, but that is what I did.

Examples of what I motioned to clarify:

Clarify NCP's parental responsibility for minor child. If presumptive shared parental responsibility is the NCP's Parental Responsibility for the minor child, please explicitly clarify such.  

Clarify how both parents are to split cost of visitation and transportation. Clarify that the respondent is responsible for the cost and responsibility for the minor child's pickup and that the petitioner is responsible for the cost and responsibility of the child's return.

Clarify that the geograpic location where the minor child visits with NCP includes the Greater DC metro area.

I went on to clarify what my grounds for each one are e.g I live at the crossroads of 4 states, Shared Parental Responsibility is in the child's best interest, CP and I cannot resolve travel differences etc.

I am concerned that I am not supposed to tell, or even suggest how I wish to clarify in my motions.

Additionally, during my last modification, I mentioned that I stipulated to access to all of the child's records except for his financial ones. I would like to know if this is the time to clarify and get access to his financial records (I wouldn't think so).

My questions are as follows:

1) Am I permitted during my motion to ask the court how I would like to clarify in my motion to clarify?

2) Am I allowed to clarify, in my motion to clarify, that I would like access to the child's financial records even though I precluded myself from it last time during last modification which was stipulation with CP?

3) If I cannot clarify that at this time, how/what could I file to obtain access to his financial records in the future?


Thanks again SOC!!

[socrateaser]

>>My questions are as follows:
>
>1) Am I permitted during my motion to ask the court how I
>would like to clarify in my motion to clarify?

Yes, in fact, the section of a motion called, "Memorandum of Points and Authorities..." is precisely dedicated to the purpose of trying to persuade the the court to a party's opinion.

>
>2) Am I allowed to clarify, in my motion to clarify, that I
>would like access to the child's financial records even though
>I precluded myself from it last time during last modification
>which was stipulation with CP?

You can try, but if the judge is playing by the rule of law, you will probably be denied. When a party expressly agrees to something in a stipulated order, the party is bound by the agreement, unless the agreement violates public policy. In this case, unless you can show that there is a state law that affirmatively mandates that the noncustodial parent be entitled to view financial records or all records concerning the child's healh, education and welfare, then the court has no authority to overrule your agreement to restrict your access to the records.

>3) If I cannot clarify that at this time, how/what could I
>file to obtain access to his financial records in the future?

If you write a new stipulation and the other parent agrees to expand your access, then that would be a lawful modification, or if there's a state statute that mandates access, then that would give you authority to reform the existing agreement. Otherwise, the court should rule against you, assuming that the other party objects to the change.

If there's no objection, that would be a tacit agreement, in which case the court could modify.