Welcome to SPARC Forums. Please login or sign up.

Nov 22, 2024, 09:29:21 AM

Login with username, password and session length

moving child support modification case to a different courthouse

Started by jacksprat, Jan 31, 2007, 01:34:46 PM

Previous topic - Next topic

jacksprat

I am the ncp.  The CP brought me back to court 4 years ago for child support modification.  The case has dragged out mainly because the CP revised the Motion 4 times, has turned down reasonable offers of increased support  and has intentionally delayed a trial.  The judge came to a determination of support and the CP refused the amount.  The CP has now voluntarily dismissed the case and has refiled the same case in a different Cook County Circuit Court with a new case number.  The CP is making the same allegations, is intentionally ignoring all the supporting documentation verifying my income from the original case.  My questions are:

Just because the outcome was not to the CP's liking is she allowed to drop the case in one district and refile in another so that she can continue to avoid a trial and get another judge?

She is fully aware that I have an attorney however has not notified my attorney of the dismissal or any of the new filings.  Isn't my attorney supposed to be notified?

HelpingHands

How can she dismiss her own case? A judge dimisses cases, not a petitioner(she can withdraw her motion, but I don't think she can once the judge makes a ruling)  And if he's already made a ruling for a certain amount, then she would need to appeal the findings.

Sounds like she is fishing for a judge who will rule in her favor. Check the jurisdiction laws re: child support in your county. I forget what it's called when they fish for another jurisdiction like that...

I'd definitely post to Socrateaser asking his advice on how to proceed.

 http://www.deltabravo.net/dc/dcboard.php?az=show_topics&forum=106


mistoffolees

I'd also look into requesting attorney's fees. The courts don't like people who mess with the system. If he can show that she's gaming the system, the courts very well might award costs.