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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-21-2015, 09:50 PM
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Default After DRO case conference?

This is a motion to change final orders for child support . Father now makes a a million!

So I had my first appearance and then the case conference in front of a DRO who has scheduled us for settlement conference.

My question is can I file a motion after this case conference to get interim orders? Or have to wait after the settlement conference or trial?

I do know that in an application , after the first case conference we can file a motion. But am confused with motion to change.

Just don't know if the DRO case conf is considered the first case conference and if I can file a motion after that?
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Old 06-22-2015, 08:20 AM
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Can someone please answer my question?
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Old 06-22-2015, 08:58 PM
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Motion to change and a "motion" are not the same thing. Motion to change is made at the start of your case...it starts the process. Similar to an Application but asks to change something that is already in existence (eg. change child support based on a material change of circumstance). A motion is based on affidavit evidence and makes a determination on a part or all of your case...either interim or final. You need permission to bring a motion forth( at least that is my understanding...others on the forum can add on here). A motion can either be short (hour or less) or long. Long motions require a Factum. Motions are different than trial in that there are no witnesses and no examination in chief or cross. There can not be credability issues in a motion.

Last edited by annapurna66; 06-22-2015 at 09:01 PM. Reason: Typo
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Old 06-22-2015, 09:39 PM
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So does this mean that ex can further delay this matter by delaying disclosure without adjusting child support and accrue arrears which most likely could be wiped out /or brought down from actual amount /or pay in tiny instalments? There has to be a way to adjust the child support on interim basis atleast . It has already been four years of arrears!
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Old 06-22-2015, 10:30 PM
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Do you have an order for disclosure? If there are credibility issues on how much he makes, schedule III deductions ect. then move for a trial. I wasted ALOT of money preparing for a day long motion only to be told it must go to trial because of credibility issues. Not sure what to tell you about the arrears. My ex owed me from 2010...finally got lump sum arrears in 2014!! If your ex owes the support he will eventually pay...if he makes a million...it won't get wiped out. You may have to wait for it if he is being obstinate though.
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Old 06-22-2015, 10:47 PM
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Thanks!!! That's what I was thinking that I should just push for trial and not keep on agreeing to conference after conference. We have settlement conf coming up soon and I will tell the judge that he hid his income for almost five years and he still is not providing complete disclosure. No orders for disclosure have been made cuz we just had the DRO conference . The DRO did suggest that he should adjust child support ( amount that he thinks is appropriate )on his own and deal with the more/less as we go along. Nothing has been done. I guess I will ask the judge for disclosure (specific) orders and if he still doesn't comply I will push for trial. Thanks
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