SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: ncpneedshelp on Feb 26, 2006, 11:24:47 AM
Soc,
I have been NCP for 7 years now...I am ready to have my attorney file motion for modification of custody. I also know that my ex is ready to file a motion for increase in child support.
1) Should I go ahead with my motion before ex does?
2) Does it matter which motion is filed first? or does one look better than the other...if you know what I mean.
Thanks!
>1) Should I go ahead with my motion before ex does?
It's up to you. It may be less expensive to wait, depending on whether or not your state court charges for filing a response to a motion.
>
>2) Does it matter which motion is filed first? or does one
>look better than the other...if you know what I mean.
The person who files second, raises the possibility of a "retailiatory" response, but if your response is in good faith and supported by law and fact, then the court must consider it as valid and will not presume any bad faith.
If your response is frivolous, then the court could use your secondary filing as evidence of bad faith. So, it really depends on the strength of your case, and I'm in no position to analyze that, at the moment.
:)