I had a pro se client just retain me. The file is a mess. H filed complaint, W filed answer/counterclaim for perm. alimony and perm. CSUP. H filed Reply. She THEN tried to amend the counterclaim to include PSS and temp CSUP. She THEN filed a separate case action for specific performance (for enforce an invalid separation agreement) and temp. alimony and temp. CSUP.
So I’m thinking all I need to do to have PSS and temp CSUP heard is file a motion in the cause in the first case for PSS and temp CSUP. Will the judge hear this? Do you have any statutes or caselaw on point that I could use? (I think this is a better course of action than filing for leave of court to ask the judge to allow me to amend the complaint)
My second question is - should I voluntarily dismiss the amended counterclaim and the entire second file?
This is Mecklenburg County