Legal Question in Family Law in Colorado
Maintenance cancelled
My ex-husband filed a motion to cancel maintenance and increase child support in June 2005. My lawyer on record never notified me of this until 1 day prior to the hearing. My lawyer went to the hearing and got a continuance and told the courts she never notified me. She was also removed from being my lawyer. Also, the court temporarilly cancelled maintenance until the next hearing. A new hearing is being scheduled tomorrow and I will want to send in a response to his motion. How long do I have to respond and can I also file motions against my ex-husband for maintenace arreages and for a reduction in my child support? (I make substaitially less). There are several other issues also. Do these have to be separate motions and will they be a part of the hearing being scheduled?
1 Answer from Attorneys
Re: Maintenance cancelled
Generally, you have 15 days to respond to a motion filed by the other side. As to what issues are raised in which motion, if the things you wish to bring up are directly relevant to your ex's motion, you should bring those up in the response. If they're not directly relevant, but still important, they should go into a separate motion. And, if there are several unrelated issues, you should put them into separate motions, if possible, to help clarify for the court exactly the relief you are seeking.
If in doubt, though, it's a good idea to file your own separate motion to make sure the issue has been properly raised for the hearing.
Hope this helps!
Christine C. Nierenz, Esq.
Harris Family Law, P.C.
www.harrisfamilylaw.com
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