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how to answer a motion to vacate ?

Started by spinner, Oct 13, 2008, 08:21:50 PM

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spinner



1- ex did not show up at hearing for modification of child support (served by personal service so she cannot say she did not receive it)
2- order came with a calculation error
3- I filed a motion to have error corrected, still ex filed nothing
4- new order is granted

5- a month after the order is granted she is now filing a motion to vacate the order based on the ground that the number were wrong (note that she did not contest them untill a month after)


so her eis my question: how do I answer a motion to vacate? I do a motion NOT to vacate ? seems ridiculous.
her exact motion is a "motion to vacate and in the alternative to recalculate child support"

any examples of answers to a a motion to vacate ?

thanks

MixedBag

Her exact motion is one sentence long???

Comes now the respondent with an answer to the plaintiff's motion to vacate this court's order dated BLAH:

Then one by one list the reasons why the court should stick to the current order.

1.  Plaintiff was properly served and notified of previous hearings.

2.  The court correctly granted a new motion fixing the error contained in the order dated BLAH which had the child support amount wrong.

Get the idea?

Wherefore, the respondent requests that the plaintiff's motion be denied and that all costs incurred by the respondent to defend the plaintiff's motion be awarded to the respondent.

Geez....this is off the top of my head -- but IMHO this should give you a start.

I'm no attorney -- just a MOM, o.k.?

spinner

yes that's kinda what I thought of doing.
Thanks