Motion to Dismiss

[soon to be stepmom]

Brief background.  Father has primary placement of children for approximately four years now.  Ex has taken to back to court almost yearly in order to stop paying child support for her kids.  They were just in court during the later part of 2002 with the final paperwork being signed and filed by judge in January of 2003.  We have now heard rumors that she once again is going to try to take him back to court.  As far as we can see there is no substantial change of circumstance to get into court but you know how easy that is for a woman to slide by a judge.  In fact, kids are doing extremely well in school and have adjusted great to the new schedule.  My question is this?

1)  Is it possible to file a motion to dismiss if he gets served with a motion to change placement/support?

Thank you for your help.

[socrateaser]

Well, your response to the motion to modify, will be a request that the court find that no substantial change has occurred, and that this new motion is frivolous and designed for the sole purpose of harrassment and frustrating Father's rightful exercise of custody. This is the equivalent of a motion to dismiss.