Motion to Modify Custody and Countermotion


#1

My ex filed a motion to modify custody of our daughters. I filed a respone and countermotion stating his motion was filed to harass and scare me into reducing his child support and requested that my ex pay my attorneys fees.

Ex also filed a motion of contempt for a temporary visitation order and requested that I pay his attorney fees for the motion of contempt. Again, I filed a response denying accusation and countermotion stating his motion was frivolous and meant to harass, asking that he pay my attorney fees.

We had a partial hearing in February and the final hearing is set for 6/5. I am now Pro Se (following the February hearing).

This morning, ex sent an e-mail to his attorney stating he does not want to purse matters anymore and we would work things out between us. The real story is he separated from his new wife yet again and she won’t continue to pay his legal bills for him.

If ex files a voluntary dismissal of his motions, what happens to my countermotions? Do they just go away? Is it possible that I can still get my attorney fees?


#2

Your countermotions will survive and be heard at the scheduled time, you are still entitled to seek attorney’s fees.


#3

That is great news! Thank you so much for your response.


#4

No problem, I wish you the best!