The Motion To Dismiss Texas Example For Child Support presented here is a versatile official template created by experienced attorneys following federal and state regulations.
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Filing a motion to terminate child support in Texas involves preparing a formal request to the court. You should clearly articulate the reasons for termination, supported by legal grounds. It’s advisable to consult a motion to dismiss Texas sample for child support for guidance on structuring your motion. Accurate filings ensure a smoother process in court.
You will file your Petition to Terminate Withholding for Child Support in the same court that issued the current child support order. File it with the district clerk in that county. Bring several extra copies of the petition. You will need a copy for you and one for the obligee.
To do this, you or an attorney will need to file a Motion to Terminate Withholding for Child Support in the court that issued the original family court orders. A hearing will be scheduled, where the judge will review the petition and, if everything is in order, will sign an order terminating child support.
Only a judge or a prosecutor can decide if a case gets dismissed. Prosecutors can drop charges against someone, or a judge can rule that a case be thrown out after the defendant makes a motion to dismiss.
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.