motion screening

[antonin]

My decree states as follows:

"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week
Intervals as provided in this Judgment of Divorce when both Plaintiff and Defendant reside in the XXXXX area with each party having equal parenting time, then for a
period of three years beginning with entry of this judgment, defendant's child support

obligation shall be reduced to not less than $200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to Plaintiff, whichever child support amount is greater, however, Defendant's child support obligation shall not be reduced to less than 200.00 per week during the three year period beginning with entry of this Judgment."

Okay..so i moved to the area where my child is in Sept. and have been doing the 50/50 thing since then. I went to FOC and they gave me a "PRAECIPE FOR FOC REFEREE MOTION SCREENING,"

1. What is this? There is no place to write the motion on the form, only a place for "Motion Title."

2. Do i write the motion seperately and attach to form?

3. How would I word a motion to effectuate the decree provision, above?

4. Is there a time limit to make this motion. I have waited because I wanted a record
of expenses, time spent with child (OPTIMAL SOFTWARE) etc.

[socrateaser]

>1. What is this? There is no place to write the motion on the
>form, only a place for "Motion Title."

Well, a PRAECIPE is fancy name for a notice of motion and request for hearing, but since yours states something about "motion screening," I'm guessing that your court examines requests for motions before actually allowing you to offer the motion, or some such rot, designed to make it tougher for you to litigate and easier for the court to avoid hearing your problems.

You need to get a copy of your court's state and local rules because the explanation will almost certainly be contained therein.

>2. Do i write the motion seperately and attach to form?

See above.

>3. How would I word a motion to effectuate the decree
>provision, above?

What you wrote appear redundant, and I'm wondering if you made a mistake, because I can't quite understand the order. Please check your content.

>
>4. Is there a time limit to make this motion. I have waited
>because I wanted a record of expenses, time spent with child (OPTIMAL SOFTWARE) etc.

Looks like three years to me, based on your order's text.

[antonin]

Thanks for your reply.

Well,, I checked my post's text against the original...I made a typo in line 7
(original post had 2000.00 instead of 200.00).I corrected that on the post, above. Otherwise, it's verbatim from the order.

I think the lines from the order mean:

Once I reside in the area that my child lives and do 50/50, then my child support will be reduced to 80% of the FOC guidelines calculated only on my income and as if mother had sole custody, but not less than 200.00 a week. (This would be about 200.00 a month less than I am paying now, which would help my 500.00 month gas bill from communting 130 mi a day round trip).

1. So do I just write "plaintiff moves that Child Support be calculated as stated in divorce decree, page 7, lines  2-14"  or do I need more?

Thanks for your time.

[socrateaser]

>1. So do I just write "plaintiff moves that Child Support be
>calculated as stated in divorce decree, page 7, lines  2-14"
>or do I need more?

Um...

"Plaintiff, pro se, hereby appears and moves for an order modifying child support to reflect the calculations detailed in the attached Exhibit #1, on grounds that Plaintiff has met the conditions for modification as contained in the court's current child support orders (said court order attached as Exhibit #2)."

Then, attach a child support worksheet (exhibit #1) will all of the relevant calculations that get you to where you want to be (you do this because the clerks only understand standard FORMS, and not the law, so if you don't put it in the form that they understand, they will probably kick it back to you.

And, attach the relevant portion of the court's prior orders (exhibit #2) that permits the mod. In this manner everything that your opponent, the judge and the clerks need is available in your motion, and no one need look anywhere else for any other documentation or evidence.