Can you help me understand this?

[Romersgirl]

Oops, thanks though!! ;o)

BM even stated in court that he paid before he was served, the day she did the show cause (with out us knowing) DH paid that afternoon.  We paid by check so the date is on the returned check.  Would that work?  

How do you file a motion to dismiss, same as all the other motions?

[socrateaser]

>Oops, thanks though!! ;o)
>
>BM even stated in court that he paid before he was served, the
>day she did the show cause (with out us knowing) DH paid that
>afternoon.  We paid by check so the date is on the returned
>check.  Would that work?  

Probably. The issue is how late was DH with the payments? The burden is on the other party to show that you didn't pay by the date payment was due. It then becomes your burden to show that your reason for being late was because of circumstances beyond your control, i.e., that you did not willfully violate the court order.

>How do you file a motion to dismiss, same as all the other
>motions?

Yes.

If you want more help then I need to read the allegations of the other party contained in the show cause, the judge's finding at the motion hearing, sometimes contained in a minute order, and exactly how far behind in your payments you were, and why you were late enough to cause the other party to file for an order against you.