Q: Let other party show up unprepared or motion to compel?
Other party moved out of state and was paying me child support as I was awarded full custody. Then they moved closer 3 years ago and I agreed to 50/50 again and set child support to zero. If I hadn't agreed to 50/50 and zero child support, they would have had to pay me $20k by now. Court accepted it. Now, other party is remarried and due to spouse income, doesn't work full time and I'm still single. Other party got a hearing to ask for child support based on saying they make less. I know they struggle to get 40 hours of work in their desired work and just won't seek other work (we both make about 45k / yr full time). Other party did not file their Financials and documents for hearing. I did. Judge won't have any numbers to base decision on unless they show up to hearing in 12 days with info. Can I ask for dismissal in hearing due to lack of evidence and other party not following procedures? OR should I motion to compel (knowing they probably still won't be ready)? Would that help me?
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