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Author Topic: How to have a case dismissed  (Read 540 times)
indigo9585
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How to have a case dismissed
« on: September 10, 2007, 01:27:33 PM »

I have an unusual situation. My ex is basicly an idiot.
Two weeks ago he lost his license for failure to pay child support. This has been an ongoing problem. He has only been current with support for two months over the last 6 years.  He has no job and will not look for work, lives with his mother and claims to run his own business which of course never makes any money.
Loosing his license must have bruised his ego a bit because last week he filed papers with the court Pro Se. I'd like to call it a motion, however this "filing" has no heading. Of course by filing these bogus papers he gets his license back until the hearing.
He listed me as the "Plaintiff" and himself as the "defendant". His papers ask the court to re-open the divorce settlement.
In the divorce I was the Plaintiff. However, for the purposes of this "motion", shouldn't he be listed as the Plaintiff?
He also lists this to be heard in The Court of Common "Please"! LOL.
90% of what is listed is just hearsay garbage. The rest is stuff that was already addressed in our final divorce hearing plus he's asking for his child support (and arrearages) to be reduced. Obviously the child support figures are not my control .
Can I get this thing dismissed (since the only reason he filed the garbage is to get his license back) on the basis of multiple errors? I"m not sure what the wording would be.
Could I file as the "Plaintiff" a motion to dismiss (with predujuce would be nice) but on what grounds?
Any suggestions would be appreciated.
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