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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 11-05-2017, 08:50 AM
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Exclamation Help! Court next week-No Response & 14C Confirmation

I am new to this forum hoping I could gain some insight from everyone.

I am self rep and filed a Motion to Change Child Support only (and S7). My ex was to provide a response by last Wednesday and we have court this Thursday. I have asked him for financial disclosure for the last 3 years and he wouldn't provide it. He verbally told me a few weeks ago that he would be sending a response and going to court, but yesterday he told me that "court won't be happening next week" as he's going to call the courthouse and tell them he can't make it because his brother is dying. As i do have compassion for the situation, his brother has been ill for a year and this has also been his excuse for not seeing our son regularly (not at all in the last 7 months).

I'm not sure how to complete the 14C Confirmation. For #2 do i say i have not been able to contact the opposing party to confirm matters? Or do i check the box that says i contacted the opposing party and confirmed the matters are going forward? Is serving the initial papers to him deemed as contacting and confirming?

If he didn't file a response and also doesn't appear, what happens next? Or can he just show up and say he's not prepared and needs more time? He just doesn't want to deal with this, and for me, court this week is just going to be an entire waste of my day if he doesn't show up. Any advise would be very appreciated!!!! Thank you.
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Old 11-05-2017, 02:13 PM
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My wife filed motion to change over a year and a half ago for child support and s7, on her ex, Iím guessing your going for a first appearance , myth had to do three of these, then a dro conference, then a settlement conference, and then a trial scheduling conference, and is now waiting for trial date this month, her ex had a lawyer for the third first appearance and the dro, filed bankruptcy before dro, and that was the last time he has filed out paperwork.
He has not accepted 2 offer to settles as he does not like them, but has not done an offer to settle, says send him another.

Point is just worry what you need to do donít worry what he is doing or not filling out it will all catch up to him!
And he has not done full financial disclosure yet
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Old 11-05-2017, 02:34 PM
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Wow, thats a lot of processes for just child support considering the child support has tables. Itís horrible that people play the system and delay the inevitable. I am sorry your wife is going through this. Do you happen to know how I should complete my court confirmation when no response has been received and if I need to formally ask him in writing if he is planning to attend? That form makes no sense to me in my situation. Also, what does DRO stand for? Ps. I hope it all works out for your wife.
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Old 11-05-2017, 03:47 PM
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Say you confirmed and send a copy to him, I donít know what happens if he does not show but he probably will and want an extension and will be able to get one and it will drag out for another 30+ days.

I wish there was more info on what happens when the other party does not respond or fill out the paperwork, from what I gathered is the timelines mean nothing and if he/she shows up and no confirmation has been confirmed it still continues or gets adjourned to another day
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Old 11-05-2017, 08:50 PM
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Good advice. I will send it to the court and send him a copy as well. I wish there were more fair processes in place against those that try to delay on purpose and donít follow the rules.
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Old 11-05-2017, 09:03 PM
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He could file for an adjournment. More than likely the judge will order disclosure and schedule the next appearance.
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Old 11-05-2017, 09:37 PM
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adjourn to case conference.
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Old 11-05-2017, 10:48 PM
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Yup that will happen, wish they stuck to the time lines and procedures but that does not happen, you have to give them a chance , it will never happen what ever they can do to kick the can down the rode, plus they have rights to be idiots, and try to out do you and pounce when you withdraw
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Old 11-06-2017, 08:12 AM
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And it works both ways! My partners ex filed a motion in April. He is still waiting for her to file the follow up motion to get it moving from a dispute resolution meeting. Its been three months now. No info, no materials, no movement.
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Old 11-06-2017, 10:20 AM
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Default For your info.

Your day will not be wasted . Make sure you attend court. Your ex is well aware of the court date and if he chooses not to attend with an explanation of his failure to be ready & to provide financials, that is his problem. Ask the judge to make an order for the necessary disclosure. File the 14C indicated other party has been contacted. Good luck. Don't give in. I went through long stall tactics from my ex when I filed a motion like yours.
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