NCP filed motion for modification of child support - paperwork refers to counsel but not signed by an attorney - CIS is not complete nor are bank statements and related court orders attached - basis of claim is being unemployed but the NCP lost their job as a truck driver because they were driving for 9 months while suspended and their employer found out and terminated them - I also have been told by the NCP that they no longer want to drive a truck which is probably 1 of a few things they are qualified to do - Can I ask the court to dismiss the motion as the paperwork is not complete, is contradictory and that the reason the NCP is unemployed did not occur involuntarily but due to the lack of responsibility of the NCP (would this fall under Lepis v Lepis)?
As to the errors such as counsel, that would not rise to dismissal. Failure to provide supporting documentation possibly and his voluntary loss of job would not be a good reason for him to get a modification. These issues should be addressed in your opposition to his motion. The relief you should request is denial and dismiss motion. You may benefit from assistance of counsel on this. Qualified attorneys I your area are listed here on AVVO or through your local bar association
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
You could and perhaps should request a dismissal, but Ms. Alvarez is correct in that it would probably not be granted. Family courts are very relaxed when it comes to applying the rules. The court would, however, probably order the omissions be corrected before granting any relief sought in the complaint.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
The Court might extend the time for the NCP to file the corrected paperwork and needed documentation but they will not dismiss the application. You say that the paperwork refers to counsel but is not signed by an attorney. Was the paperwork filed Pro Se (by the NCP directly) If so it doesn't need an attorneys signature. The other issues that you raise should be raised inyuor responsive pleadings and are not a basis to dismiss or delay the application. All relief is likely to be granted retroactively so a delay is not serving any useful purpose.
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