Motion to Dismiss Child Support Appeal

Asked 3 months ago - Rochester, MN

I am Appealing a child support order. Among other issues, there was a material mistake made by the court and I am asking the order be considered void and or that it is voidable and should be voided (Civ. Rule 60.02). I briefed my argument. The father's attorney simultaneously filed a motion to dismiss and his reply brief. He asserts I don't have a claim (no procedural errors like service, filing ,etc). He has taken me to court over child support 2007, 2008, 2010 and 2012. What reason, other than harassment, would he have to file both of these together when relief is clearly "plausible" particularly in consideration of the equitable nature of child support?

Attorney answers (4)

  1. Tricia Dwyer

    Contributor Level 19

    2

    Lawyers agree

    Answered . Your post is not entirely clear. In order to provide you with a cogent response, a review of the full underlying facts and allissues would need to be made. I urge you to secure an attorney to assist you. Tricia Dwyer Esq.

    MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal... more
  2. Rodd Ahren Tschida

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It sounds like his attorney is doing his/her job, and was already successful. Wish you the best of luck but I'm sure your luck would improve with an attorney as well. Rephrased the practice area as "child support."

    This attorney may accept avvo posters to this forum as clients, but any communication herein does not establish an... more
  3. Maury Devereau Beaulier

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Without knowing the basis of the appeal specifically or the facts as to what occurred, it is difficult to answer.. However, if the basis upon which the appeal is based has no merit, it can be dismiss, Asking to "void" a court order would certainly be an unusual request. Seeking to do so base on Minn. Rule of Civil Procedure 60,02 would be inappropriate since tat is a request that would have to be made at the District Court level before it could ever be raised on appeal. Based on the limited information, it would seem that you may not have followed proper procedure. You would be wise to retain counsel.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement... more
  4. Samuel John Edmunds

    Pro

    Contributor Level 16

    Answered . I agree with Rodd. If you really can't afford counsel then seek representation through your local services agency. Good luck.

    Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected... more

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