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swtwilma

Member
What is the name of your state (only U.S. law)? Arizona

I have been looking in every law book and online and can not figure out what I am supposed to be responding to. Maybe someone has had to deal with this before and can help me out. I will try and be as exact as I can but please ask for clarification if needed.

Jan 09--Parenting time changed from 50/50 to dad having 142 days per year.

April 3 09--child support modification ruled on by court dad to pay 187/mo for 3 children and arrerages from Jan 09.

April 27 09--dad filed with court motion for post hearing relief stating that the days were calculated wrong by the court and that he should carry insurance.

April 30 09--mother filed response to motion stating that the court was correct in its calculations and no errors were made.

May 09--dad lawyer filed that mother was not correct in her response to motion.

May 09--Court ruled that dad lawyer filed the motion for relief too late and that the judgment stood.

May 09--two days later--dad lawyer filed a lenghty motion for reconsideration stating that there were errors and the time should not be relevent.

June 19 09--Court stated that mom has until July 1 to file a response to rule 35D.

Now I have to respond. Rule 35D is the rule that they went off stating the time limits not the error in the child support. I have a response to the original motion showing that the court is correct and the calculations are right, but it seems they are just wanting me to respond to the fact that the lawyer filed the original motion too late. When I read the Rule it looks like he was within his time limit, BUT there is no basis for the original filing since the courts original ruling was 100% correct. So do I respond to the time limitation or the other arguments on time?

May I add that dad has paid 0$ in child support since the ruling. 0$ in arrerages and 0$ of medical expenses all which were submited in a timly manner.
 


Ohiogal

Queen Bee
He is acting as though there is a stay. He will still owe the money. You need to show that the time limits should stand. Which means finding caselaw to support you and quoting the statute/rule that applies. So try findlaw and lexisone and google -- using the rule as your search.
 

swtwilma

Member
Thank you

Thank you so much. This is so frustrating. He has paid his lawyer more money than he would pay me in child support for 3 years. I will never understand why people put so much energy into petty things. I'm off to go and dig for cases.
 

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