Ex is reopening Dissolution of Marriage and filing modification fo child support

[pnut1]

divorce was final last year. My ex is now requesting to change the amount of child support and has filed a 'motion to reopen dissolution of marriage to modify child support and msa' as well as a 'petion to modify CS and MSA'.

My question is, does the motion to reopen have to be served on me or is mailing via u.s. mail adequate? If it is, how long do I have to answer and do I have to answer both documents.

Also, there are multiple mistakes...wrong final hearing date, one paragraph references him as the father/petitioner and me as the mother/respondent (which is incorrect, it is vice versa). His lawyer also signed one of the documents as 'attorney for respondent/Wife'. He is my ex-husband's attorney.

Could this be deemed invalid due to the mistakes? He has a bankruptcy lawyer doing this for him.

Thanks!

[Attorney Howard Iken]

Minor mistakes will normally not affect validity of the filings. Supplemental petitions to modify must be personally served.

A Motion to Reopen Dissolution is not a recognized type of filing. Never heard of it.

[pnut1]

Thank you!

Do you by any chance know of the statute or rule number that states that the petition to modify child support has to be personally served. I would like to file a motion to dismiss for insufficient process but would like to state the statute or rule. I have searched everywhere and cannot find it. I do find references to the petition needing to be served but can't find the actual 'law' stating this.

[Attorney Howard Iken]

Try this


RULE 1.070

[pnut1]

Excellent, thanks again! I just have one more question (sorry, didn't think of this one until reading up on rules and statutes).

Does my ex still need to sign the petition for modification if his attorney wrote up the papers and signed with his bar number? I'm pretty sure he does not but I want to be sure as this could be another defense to dismiss the petition. I want to have as many defenses as possible.

Thanks!

[Attorney Howard Iken]

That is not good practice. But it is not necessary.