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Motion to Dismiss Child Support Appeal

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

Posted

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."

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Asker

Posted

Thank you for your response.. yes his attorney is doing a good job and being well compensated. (I am on welfare, father makes twelve thousand a month) Father pays attorney in 2007,2008, 2010 and 2012 loses each time, now he wins because the court made a mistake his support gets reduced) I feel harassed because the father has paid his attorney at the expense of his son - who he has elected not to see. Are you offering your help?

Rodd Ahren Tschida

Rodd Ahren Tschida

Posted

I should stick to criminal law but could probably refer you to an attorney. I don't what fee options they might have but if you are interested I can provide the contact info. please email my office at mncriminallawyer@lawyer.com

Posted

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

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Samuel John Edmunds

Samuel John Edmunds

Posted

Legal services I meant, i.e. legal aid.

Posted

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.

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Posted

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 advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.

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