Retro. Child support

[wallyworld85]

Okay, Court is in 1.5 weeks in FL (i'm in IL).  Recap:  there is a motion to mod. visitation and she was granted to add a mod. to child support to that petition.  My stance:  in court there is going to be an oral argument (no motion or petition) that the child support modification needs to be dismissed due to IL haveing exclusive jurisdiction.  This is what I asked my lawyer and what  my lawyer stated to me through email :

Dear Wally,

I will be sending you a list of questions when we get closer to the
trial.  I will also attempt to question you in the way that the opp. atty.
will.  In regards to the Motion to Dismiss I will be making a verbal
motion on the day of the trial; however, i will forward my argument to
you prior to that time.  I will touch base with you soon.  

Wally's attorney

> ----HACKal Message-----
> From: WALLY
> Sent: Tuesday, March 16, 2004, 9:53 AM
> To:WALLY'S ATTORNEY
> Subject: subpoena, recent payment, and misc...
>
> Dear attorney,
>
> The subpoena to current wife was received on  Saturday.  I sent out a payment
for
> 400.00 in the mail on monday and you should receive it shortly.
>
> Is there anyway you could possibly tell me what kind of questions I
will be
> asked on the stand by you and/or Mr. pbfh attorney.  I have NO idea what to
expect
> and would like to know ahead of time so that I can prepare.
>
> Also, has a motion to dismiss child support been entered?  Upon
looking up
> the court case on the santa rosa county clerk sight, it appears that
no such
> motion has been entered.  I just want to make sure that the motion to
> dismiss due to jurisdication is still a go.
>
> Thank you,
>
Wally

I do not see why our motion to dismiss will not win due to the UIFSA and it's stong bearing on our family courts---Although, HER lawyer thinks that FL can and will modify it.

1.  Why is the motion verbal? Will a verbal motion be as strong as a written one???

2.  Seeing the my ex petitioned in March of last year for child support, if it all goes well my way and her petition for a mod. of child support is dismissed due to jurisdiction, if and when she files in IL will the retro be dated back to when she petitioned FL courts (march of last year) or IL courts (sometime in the near future if she even does)?

3.  Can FL determine a "round ball park figure" of retro if the motion to  DISMISS  modifying child support is dismissed or will that be up to IL because IL will have jurisdiction not FL?

4.  Is there anything I need to bring to court that shows that with the UIFSA her petition is dismissed.

[socrateaser]

>1.  Why is the motion verbal? Will a verbal motion be as
>strong as a written one???

Four possibilities come to mind: (1) Your attorney's lazy or a hot shot and likes to "wing it," (2) Your attorney knows this judge and feels strongly that he can convince the court on a verbal motion, and that will save you money and him time; (3) Your attorney thinks you will lose the motion and he doesn't want to waste your money or your time, but he also doesn't want to anger his client and his meal ticket, i.e., you.; (4) Your attorney doesn't want the other side to be prepared to defend the motion -- he's hoping to trip the other attorney up.

Personally, if I believed that the law was clearly in favor of a dismissal of the support mod, then I would tell my client, "I can wing it, or I can write it. If I wing it, you will save money, but you may lose, and we may be short of appeal material. If I write it, it's gonna cost you some serious change, but I believe your chances are improved substantially. What would you prefer?"

But, of course, I'm not your attorney now, am I?

>
>2.  Seeing the my ex petitioned in March of last year for
>child support, if it all goes well my way and her petition for
>a mod. of child support is dismissed due to jurisdiction, if
>and when she files in IL will the retro be dated back to when
>she petitioned FL courts (march of last year) or IL courts
>(sometime in the near future if she even does)?

Can't use the FL action for retro if it's dismissed. She needs to have filed for retro in IL. In short, no retro on these facts.

>
>3.  Can FL determine a "round ball park figure" of retro if
>the motion to  DISMISS  modifying child support is dismissed
>or will that be up to IL because IL will have jurisdiction not
>FL?

If it's dismissed, then it's DISMISSED. No change, period.

>
>4.  Is there anything I need to bring to court that shows that
>with the UIFSA her petition is dismissed.

I get the feeling that you are not communicating well with your attorney. You should have a letter from him stating the exact theory upon which he is proceeding verbally, because if he messes up, you will have a case for malpractice against him, as he was not adequately prepared. Otherwise, you will be writing to me in the near future asking me how to nail your attorney to the wall, and I will ask you if you have any written memorandum from your attorney showing where he stood on this issue, and you will not have it, at which point I will say, "Oh well, them's the breaks."

Obviously, if he submits a written motion, then that is the evidence of his preparation on the issue -- but without one, you got nuttin!