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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 04-04-2013, 04:43 PM
KMF KMF is offline
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Default Motion to Strike Pleadings

I was just wondering if this something judges are hesitant to do.

Custody and access is settled, but support and section 7's have been ongoing for over 2.5 years. Ex is under paying child support for two years, isn't paying section 7s at all. Only started paying court ordered spousal when FRO started garnishing half his pay.

Went to court in August because he wasn't paying any court ordered support for over 4 months. I was awarded costs to paid within 30 days, he still hasn't paid a penny.

Went to court again in September, he was ordered to provide full financial disclosure within 60 days of order.

January went back to court, he was a no show and claimed he was sick. Judge forgot to make the disclosure order, so did so then and so, another 60 days. Was awarded costs to be paid within 60 days, again hasn't paid a penny yet. Court postponed until March.

March went back to court again, and again he didn't show up and gave a bogus doctor's note that he needed to be on bed rest for 5 days (during that 5 days he had my kids for the weekend...went to a party, went shopping and dined out). Judge had an appointment so she couldn't hear our case and therefore, wouldn't allow me any costs but said if he doesn't show up in 2 weeks, she'll award me costs.

My lawyer wants to make a motion to strike his pleadings. Between not paying two cost orders, not showing up for two conferences, still not giving his financial disclosure (including his tax return from 2011) and dragging this case on an on (he's self-represented), would a judge be likely to strike pleadings?
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Old 04-04-2013, 08:17 PM
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Is your ex not regularly employed such that FRO could enforce the support order and s.7 expenses?
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Old 04-04-2013, 08:46 PM
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The costs order(s) should be "enforced by FRO as an incident of CS." There will be no other way to get him to pay what is owed. The judge can make that order. The order gets issued, you submit a statement of arrears (to fro) and it will be handled by them. Don't forget to include the applicable interest rate.
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Old 04-04-2013, 09:30 PM
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Thanks for the replies. He is regularly employed. We're still arguing over s7's because he's refusing to pay anything and we've been trying to settle for well over a year. He just won't give full financial disclosure so we can figure out what his proportion will be. He keeps changing his story.....first he said he was losing his job, then he said he was too ill to work, then he said he had to re-train for a new position, then he said we was laid off and now he just refuses to show up for court. It's very frustrating. Since he refuses to settle, the judge says we have to go trial for a final support and s7 order. My lawyer wants to strike is pleading in the event we go to trial over it. I just didn't know how common this might be.
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Old 04-05-2013, 10:02 AM
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My Ex tried to strike my pleadings. The motion was quickly dismissed due to the bar is high in order to do so. My lawyer quickly cited a common case for stricken pleadings. You should perhaps ask your lawyer about case law precidents for striking pleadings, and if your case is anywhere in the ballpark in order to gauge your chances of success.
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Old 04-05-2013, 10:06 AM
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Thanks, limer....I will do that
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Old 05-06-2014, 04:05 PM
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Default Sounds like he is delaying the fair trial and redundant

Marginal note:Motion to strike
  • 221. (1) On motion, the Court may, at any time, order that a pleading, or anything contained therein, be struck out, with or without leave to amend, on the ground that it
    • (a) discloses no reasonable cause of action or defence, as the case may be,
    • (b) is immaterial or redundant,
    • (c) is scandalous, frivolous or vexatious,
    • (d) may prejudice or delay the fair trial of the action,
    • (e) constitutes a departure from a previous pleading, or
    • (f) is otherwise an abuse of the process of the Court,
    and may order the action be dismissed or judgment entered accordingly.
  • Marginal note:Evidence

    (2) No evidence shall be heard on a motion for an order under paragraph (1)(a).
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