My ex has initiated a motion for revision of our Commissioner's ruling of child support. I was under the impression there had to be a major error of some kind in the Commissioner's ruling in order to initiate this process. I'm looking over everything, and there doesn't seem to be any errors, and the commissioners ruling was discretionary and fair in regards to transportation costs and the child support transfer payment. My ex's attorney is simply stating they want "to reduce the amount of the transfer payment set out in Paragraph 3.5 of said Order; and to revise the percentage responsibility with regard to long distance transportation costs." without stating specifically why. Can they do this? How do I respond? How much time do have to respond?
Everyone has the right to have a hearing by a judge. For convenience, the courts have all family law motions heard by commissioners (not judges). If you do not like the result, you have the right to file a motion for revision to have the motion heard by a trial judge. It is a motion de novo, meaning the judge is hearing it for the first time and deciding the case on the merits. The judge is not deciding whether their was error by the commissioner, the judge is deciding the case independently based upon the same underlying facts.
So yes, they can do this. Neither you or they are not allowed to file any additional or new declarations, it is decided based upon the same underlying facts used in the hearing below. You respond with your oral argument before the judge (which can be the same argument or different from what it was before the commissioner).
You're confusing a revision with an appeal -- completely different. A revision is a de novo hearing. You should hire counsel if you do not understand these concepts.
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
I agree with prior counsel, but do note that lawyers routinely file responses to revision motions as there appears to be no rule against it. Read the local court rules and applicable statute (which I cite in my answer to the next question).
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline