Help! Do I respond to a motion to set aside


You do not need to file a written response, you should show up to court on that date present your evidence to the judge.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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Here’s some background: On November 3 I was in court with the ex for a motion to show cause because he was about $1200 behind in child support under a child support order that had been modified in August.

The modified child support order modified support as of August 1 to the new amount with two months arrears to account for the change back to the date the modification was filed. My ex was basically trying to get out on a technicallity that his understanding was it was to be modified effective September 1 with two months arrears.

The judge basically ruled that there was an bookkeeping error with our modified support. She did not charge him with contempt. However, she explained it very clearly that she had ordered the child support to be modified effective August 1 with two months arrearage. She said my ex was incorrect in his understanding that the effective date was September 1. He moaned and groaned and the judge called us both to the stand and showed him in great detail what was ordered, what he paid, and that he did indeed still owe 1200 in child support.

He still tried to say that it was not correct and asked about filing an appeal. The judge said he would have to talk to his lawyer about his options…that she really did not know if he would have any because she was sticking with her order.

So low and behold today I get in the mail a motion to set aside the order under rule 60 and a date to be in court in front of our same judge. Which I think is absolutely ridiculous but hey if he wants to waste his money.

My questions is this do I submit a response to his motion to set aside or do I just go to court and state my case yet again on the courtdate?