Possible dismissal?


#1

Back in August, I filed a motion to modify child-support based on a large reduction in child-care expenses due to my daughter leaving full-time day-care for kindergarten. I cannot afford an attorney and have been handling all of the paperwork myself, while my ex’s attorney seems intent upon having the case dismissed. I submitted a full financial affidavit, as required by Mecklenburg County local rule 8, back in December. Meanwhile, the deadline for my ex to file her affidavit has come and gone (January 6th) with no word from her or her attorney. Thinking that they might be up to something, I re-read the local rules and discovered that it states that I need to file my full affidavit “attached” to the motion to modify by 5PM of the first Monday of the Trial Term. The motion was filed back on August and all parties have a copy. I didn’t file the affidavit until the month before the scheduled hearing date because I wanted all of the information to be up to date. Did I need to attach another copy of the motion to the affidavit when I filed it, and if so is this sufficient cause to have the case dismissed?
I’m going to be sick if I waited over 6 months for a hearing, only to have it dismissed due to a technicality, especially when I’ve followed every bit of legal protocol short of this possible oversight. Finally, my hearing is on standby, so it’s very likely that it will be bumped to the next trial term. Can I re-submit my affidavit with the motion “attached” before the next term to rectify any future arguments?

Thanks.


#2

I do not believe the judge will dismiss your case as the information was provided in a timely manner, not to mention the other side has not bothered to make any attempt to comply the local rule on affidavits.