My ex has just filed a motion for revision of our commissioner's ruling on our child support order. Is there a way to stop this from happening? Thank you.
If you want to represent yourself, you need to read the applicable statutes and court rules A revision motion is a matter of right when a commissioner hears a case. See RCW 2.24.050 and the local Pierce County local rules (I assume you are in Pierce), including PCLR 7 & 10 [in particular PCLR 7(a)(12)], as well as PCLSPR 94.04.
As prior counsel stated, the motion is heard on the papers and pleadings that were before the commissioner (a sort of mini appeal). The moving party submits their revision motion and you can respond if you want. You then go to the hearing and argue it again. You cannot stop it.
I suggest you may want to consult with a lawyer about this process and get pointed in the right direction.
No. He has a statutory right to file a revision. You need to reference the local rules as to procedure. each county is different. It is a de novo hearing which means no new documents may be submitted. If you do not understand, that is a good indicator that you need to hire an attorney. We cannot teach you how to litigate in this forum. All you need is in the court rules. if you want someone to do it for you that's when you hire an attorney..
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
You cannot stop his motion for revision, he has every right to do so. You can respond to the motion for revision and argue at it, just like you did at the underlying hearing before the commissioner.
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