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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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  #11 (permalink)  
Old 12-02-2012, 06:50 PM
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I agree. The benefit here is I can do it on my phone while I'm in bed.
I have no reason to delay court... I would just prefer to be 100% when I'm fighting for my kids.
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Old 12-02-2012, 06:59 PM
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I thought you were going to get a note from the surgeon and request a date change? Does it even matter if your ex agrees or not?
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Old 12-02-2012, 07:04 PM
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Call the surgeon's office tomorrow, leave a message explaining you are sending them an urgent request for change of court date. Have the office call you back with surgeon's email address (yes they do give it out) or their office email address. Draft up the letter you would like him to sign and have him email it back to you.

If the surgeon's office knows it is urgent they will get the letter for you asap. They frequently receive these sorts of requests (jury duty, etc.).

Then see if you can contact someone at the court house and explain your situation to them. At the very least I'd simply email it to your ex's lawyer. As an officer of the court he is obliged to make the date change from his end.

All of this done from your bedside!
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Old 12-02-2012, 07:16 PM
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That sounds perfect. I should have no problem getting an email from the surgeon tomorrow.
My ex doesn't have a lawyer but I can send it to her and see if she'll be sympathetic. Is there a certain legal way I should request it from her. I don't see her agreeing, but maybe the judge won't look kindly to her for that.
If she doesn't agree, and I then have to file a motion, serve and file it, and wait around at court for an answer...won't that go against me in trying to get it rescheduled. I can see her arguing that if I can do all that, why can't I attend the conference.
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Old 12-02-2012, 08:40 PM
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Quote:
Originally Posted by acpickering View Post
That sounds perfect. I should have no problem getting an email from the surgeon tomorrow.
My ex doesn't have a lawyer but I can send it to her and see if she'll be sympathetic. Is there a certain legal way I should request it from her. I don't see her agreeing, but maybe the judge won't look kindly to her for that.
If she doesn't agree, and I then have to file a motion, serve and file it, and wait around at court for an answer...won't that go against me in trying to get it rescheduled. I can see her arguing that if I can do all that, why can't I attend the conference.
Just because you can do that, it doesnt mean that you can sit in a court for a long period of time. Maybe make sure the surgeon mentions your limitations in regards to sitting for long periods and how the meds affect you mentally and physically. If your surgeon doesnt think that you are capable of being able to think in a rational manner between the pain and the meds then that should make the judge look at your ex with less sympathy for trying to put you thru this against a drs advice.
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Old 12-02-2012, 09:00 PM
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Here is another idea.... Call the courthouse and tell them the situation. Maybe they can give you a fax number of duty counsel. If you are successful you could have the surgeon's office fax it directly. I think the important thing is that everyone is advised well in advance that you will be unable to attend. Who knows, duty counsel might even do this for you and set another date. People get sick all the time, have car accidents.

I could be totally off my rocker here, but it's worth giving it a shot.
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Old 12-03-2012, 10:59 AM
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I called my surgeon's office this morning and they are preparing a letter for me now.

I also called the court office and spoke to duty counsel. They provided me with their fax number so that I could get my dr to fax them directly. They didn't have much info, they just said that I have to call them the day before court and they will relay the message to the judge. However, they had to warn me that because I'm not at court, the judge may still make Orders against me...

At our last Settlement Conference in August, my ex brought up that she has no income and needs support. The judge said for us to request info/disclosures from eachother and that she can bring a motion if need be. He then rescheduled another Settlement Conference for Dec to give the OCL a chance to make their report. In the disclosure I found out she was making $50k+ (more $ than me), however due to the source it is not counted as income. With my disability, I want to claim Undue Hardship and/or get an income imputed on her (she has 2 degrees and work experience) so that our incomes are equal and no support is paid.

What are the changes the judge will make an order for support without me being there?

She is hiding her education/employment and not being truthful about her actual income coming in. She is also misleading the court to say my income is twice what it actually is. If the judge only hears her side, it will look bad on me.
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Old 12-03-2012, 12:54 PM
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I would think it would be doubtful orders would be made without you there BUT I am not a lawyer. You might want to call the court house again and ask for duty counsel to call you. If you are successful in them calling you back you could explain your situation and ask them if they could request a change of date on your behalf. Again, I don't know if this is possible - I'm just winging it here. I'm glad to hear you can have surgeon fax courthouse (That was just a guess on my part). I'd have the office fax the courthouse asap and you could send the fax again 2 days before the trial as per their instructions just to be sure.

If you ex does manage to get interim support remember it is just INTERIM and hopefully you will have another date agreed to in January to address the matter. The judge would probably only make an interim order if your ex can prove that you continually try to avoid the issue and if there has been a history of delays. This is good incentive for you to get your shit together as the matter is certainly not going to go away.
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Old 12-03-2012, 01:44 PM
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Thank you! You've been a great help.

Duty counsel said that they would attend on my behalf and request a new date. No guarantees, but they will show the judge the letter from my dr.. but I'm hoping I can give them a few fighting points as well just in case.

mainly that the prev. judge advised my ex to bring a motion if she needed support, which she never did... that her bank statements show that she's making more than she claims... and that I let her know about my surgery/recovery and need to reschedule, and offered to file for a motion now for January to accommodate her and have the opportunity to defend myself... it's been a year now with no support, so I'm hoping one more month won't hurt.
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  #20 (permalink)  
Old 12-03-2012, 01:59 PM
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That's good news. Whatever you do, don't piss off duty counsel. Just get the date changed and go from there. If you can get a new date doing it this way then I think you've done very, very well. Maybe you should think serious about getting some legal aid now.
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