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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 06-26-2009, 01:51 AM
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Default Case Conference and Trial timelines

I had a case conference at the beginning of June and of course nothing was settled except the child support amounts which I had already voluntarily increased for the last 7 months. Now I sit waiting to go to trial on all her other issues. Does anyone know if there is a timeline when she has to schedule a trial date. I feel my life is on hold here. Can I just go ahead and file another motion to get this thing moving. I feel like I have a gun to my head waiting for the trial date. How long can she drag this out?
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Old 06-26-2009, 09:02 PM
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During your case conference, the judge should have scheduled the next meeting date.....
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Old 06-26-2009, 11:40 PM
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Your absolutely right. I spoke to a lawyer from my Employee assistance program through my work and she stated the same thing. She suggested I just wait until she files. She stated she must do so within 2 years. Not like I'm going to wait that long though.
The Judge also stated in the case conference he was making an order for her to disclose her financials due to the fact she is asking for funds over the table amounts. Of course I had to point this out to him. I pointed out to him that anything over and about the table amounts for example section 7 (extra ordinary expenses) the recipient must provide a financial statement form 13. These expenses must be agreed upon by both parties and be reasonable for both parties to pay them. These expenses are also propotionate to income which to figure this out we need her income plus the Childsupport I pay her.
Why they don't point this information out themselves I have no idea. I called the court which is in another city and they stated that the order from the Judge didn't have anything on it stating that she had to provide this. So once again another useless court date and another request for her to provide her financials to settle the outstanding extra expenses. Frustrating its like its a make work project for them. He could ordered the disclosure as per the family law rules and we could have settled this in the next court date.
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Old 06-27-2009, 06:28 AM
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LOL....ahhh. I understand your frustration regarding the ordering or not ordering of financials and so forth....

But from experience: even if the court orders financial from the other person, I went 2 years and my ex husband never produced a concrete piece of info, he filled in fake numbers, and well...the court never held him accountable for lying. He even lied on his income, to pay less child support and less extra curriculars for our daughter.

So whether your soon to be ex was ordered or not, doesn't mean she'll produce it anyways.. Best you can try and do is if you had bank statements and costs for her, figure out some of her sheet yourself and have proof.

Just be ready for that, in case it happens.
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Old 06-28-2009, 01:13 AM
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Basically then until she produces the documents and proof of income I won't have to pay the extra expenses then I guess. I'm not trying not to pay but I need some receipts or something at least. The rules are the rules I have to abide by them as a payor so a support recipient should be held to the same rules as set by the courts. They also can take into account now the taxable benefits she enjoys with writing off such expenses. The courts maybe trying to catch up with the changes. To bad I had to go through 10 years of this already.
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