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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 03-05-2006, 11:41 AM
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Default Interlocutory Application: How do I respond?

I am about to draft up my response to my wifes interlocutory application. THis is the second one, the first court date got cancelled and she has filed for another one and her statements on this second one are different. In the first one from last summer she states that she's looking for spousal support because she is "disabled and unable to work". I not sure when she suddenly became disabled but it must have been the day we separated.

I responded to the first one last summer and I said that she was in no way disabled. So, now I am reading her second statment for her new interlocutory application and she has changed what she has said. She is now saying " I am seeking spousal support because I am unable to work. Although I am not disabled at this time, some days I am in too much pain to work outside the home"

I also know this is not true. As a matter of fact, during 21 years of marriage I've never seen her in this condition. It is clearly her way of trying to get long term support so that she doesn not have to find employment.

So, how far does one take things in responding to these statments in an interlocutory application? Do I refer to the fact that she has changed the seriousness of what she has said? What kind of tone do I take with this. I have no idea. Also, we've been separated for over a year now. What will the judge likely want to see from her as far as efforts on her part to retain some sort of employment or education. Is her word assumed good enough? She is lieing through her teeth in these statements. If I call her on these lies what will that actuallly amount to really?

By the way, what a great site this is! A wealth of knowledge here!

Tom
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Old 03-05-2006, 01:00 PM
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Welcome aboard Scratch out,

I call these the "ugly affidavits". This is a problem in family court, you can basically say what ever you want in an affidavit, including lies. Then it becomes a he said/she said case scenario. Best approach is always to tell the truth and be respectful. I would definitely bring up her sudden change of story in your reply. Take a factual respective tone in your answers and don't sling the mud back.

You didn't say if she has been employed during the marriage. 21 years would be considered a long time marriage in the eyes of the court and if she stayed home during this time, she would be entitled to support. Best case scenario in this situation is to try and get a time limit placed on the support payments. Also consider offering to finance all or part of education course for her to upgrade her skills to become financially independent.
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