Q: Can a petition for modification of alimony be dismissed without a hearing?
I filed and served a petition for modification of alimony. My ex did not answer in 20 days so I filed a motion for default judgment. The clerk did not enter the default judgment. Instead I got an email from the JA requesting hearing dates on my exes motion to dismiss. Are there any circumstances under which my petition for modification could be dismissed without any proceedings?
A: What is required is that a responsive pleading be filed within 20 days. A motion to dismiss is a responsive pleading. A motion to dismiss a supplemental petition for modification of alimony would generally be based upon a lack of a substantial, unanticipated, change in circumstances. Examples may be that the change in income is not so substantial as to change the need or ability to pay alimony or that such a change is not permanent in nature. Cases seem to indicate that a change in income that has been present for less than a year of time is not permanent and therefore not substantial. In these cases, motions for temporary modification or abatement may be more appropriate. I suggest you consult an experienced local attorney to discuss your options. I wish you the best of luck.
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