Interactive Motion for Reconsideration

Case No. 2015DR000229
Hershfeldt v. Hershfeldt
Larimer County District Court, Colorado

Details of the Motion for Reconsideration

The Motion for Reconsideration of Order Denying Motion to Void Ab Initio centers on challenging a prior court ruling that imposed time limitations on a challenge to child support orders, simultaneously detailing a foundational collapse in jurisdiction and record integrity over a decade of enforcement.

The Petitioner, Gerald Paul Hershfeldt, filed the Motion for Reconsideration pursuant to C.R.C.P. 59 and the court's inherent authority, asserting that the court's initial order contained fundamental legal and procedural errors.

The motion specifically invoked Colorado Rule of Civil Procedure (C.R.C.P.) 60(b)(4) as the legal mechanism for relief, which applies to judgments considered void. The Petitioner asserted that the court’s denial, which relied on deadlines such as the CRM Rule 7 timeframes, fundamentally misapplied the law.

Opposition

Arthur J. Spicciati, Assistant Larimer County Attorney, filed a response on October 20, 2025, objecting to the motions and requesting denial or a hearing. The response contended that the Petitioner failed to state a clear factual basis for the orders being invalid and offered no clear, uncontested factual explanation of how the child support has been satisfied.

The Petitioner highlighted that the People's opposition document (Filing ID B6FEE92CC9A64) was filed in the wrong case number (2015 JV 229), a juvenile dependency case concerning different children, and demanded that the court strike it as a legal nullity.