JSmitten answered my post and stated I should
file a motion to dismiss or a motion for
summary judgment however did not expand on
the difference between the to.
Far be it from me to second guess an attorney.
But, a motion to dismiss asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.
So, in both your cases, I think a motion to dismiss is not proper because the law does offer a remedy to a request for modification of child support. It offers the modification. If the ex has good grounds the modification gets made. If there aren't good grounds, the modification doesn't get made. But the remedy (the modification) was still available. Therefor, a motion for dismissal would be denied and the hearing would go on as scheduled.
A motion for summary judgment asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, supports a ruling in favor of the moving party This motion is usually only made when sufficient time for discovering all evidence has expired. For summary judgment to be granted in most jurisdictions, a two-part standard must be satisfied: (i) no genuine issue of material fact can be in dispute between the parties, and (ii) the moving party must be entitled to judgment as a matter of law.
In both your cases the facts are in dispute. The ex says one thing about earnings, you say another. Therefor, a motion for summary judgment would be denied and the hearing would go on as scheduled.