Q: If the petitioner fails to send mandatory financial affidavit to respondent, is that grounds for default or dismissal?
This is a family law case where Petitioner is seeking visitation and child support review. Petitioner has yet to send financial affidavit. I sent mine to him only for it to be returned to me because petitioner moved and has not provided respondent with updated address as required by court of law. Is this also grounds for default or dismissal?
A: Your financial affidavit should be filed with the clerk of court, with a copy to Petitioner at the address on the pleadings that were filed. It is possible that you can move for a dismissal based on Petitioner's failure to pursue the matter. Speak with a local family lawyer for more specific advice.
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A: I recommend speaking with a local family law attorney to determine if a motion for dismissal would be in your and the minor child(ren)'s best interest. If not, a motion to compel can be filed to request Petitioner's compliance. Ensure you comply with all local rules that may require action on your part prior to filing a motion to compel. Good luck with everything!
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