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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 08-26-2016, 10:16 AM
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Default Settlement Conference and NOtice of Motion

I have two questions:
Is it a "MUST" to coordinate a date for a Notice of Motion with the attorney on the other side prior to fling a Notice of Motion?

Secondly I have had a Case Conference, over a hear ago and have not much response when requesting things from the other party. So I now want to file a Notice of Motion to get things changed immediately. However the lawyer on the other side is demanding i not do a notice of motion but have a settlement conference prior. I am to understand a settlement conference does not get things resolved immediately is this true? do I have to have a settlement conference prior to a Notice of Motion?
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Old 08-26-2016, 02:12 PM
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the motion is for child support to be guideline amount (currently is $300 over and above) Transportation for access and section 7 should be 50/50 and currently is 60/40
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Old 08-26-2016, 11:13 PM
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Quote:
do I have to have a settlement conference prior to a Notice of Motion?
No, you can bring your motion before the settlement conference.

Quote:
However the lawyer on the other side is demanding i not do a notice of motion but have a settlement conference prior.
I bet the lawyer is demanding other things too. Doesn't mean you have to listen. If anything, the fact that the opposing lawyer wants a settlement conference first would incentivize me to proceed with the motion first.
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Old 08-27-2016, 05:12 PM
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I would generally say don't take legal advice from the opposing lawyer, matter of fact, don't listen to a damn thing they have to say, they are working in their clients best interests, not yours - they want to win, and they want you to lose.

But in your case, she may be right, you are supposed to attempt to settle the matter, you might come off as aggressive if you bring a motion before attempting to settle matters at a settlement conference (he will likely consent at that point if you are being reasonable).

If you really have an urge and desire to bring a motion, then there is no obligation of to canvas any date with opposing lawyer, file the motion and serve the parties. If they oppose then you claim that you were hoping that it would go on consent. If they don't agree with it at the first appearance (not your proceeding first appearance but the first appearance for the motion that you are seeking to file) with the case management judge then it will be set to be argued with a motion/trial judge (likely the same judge that would hear your matter on a final basis).

If his current child support amount is not consistent to the child support guidelines or table amount, then he is underpaying child support. You will have to prove a material change in circumstances and the increase would have to be significant, if there is shared custody in place, then things can get tricky and they could simply ask that it be left to be decided by a final trial judge after the parties have attempted to settle the matter at a settlement conference. Also the order on motion would not be a final order and would be an interim interim order.

Be aware that your motion will likely delay things and also there will be cost consequences, you could be ordered to pay his costs for defending the motion, also you could be seen as an aggressive litigant if you bring a motion for something that could be figured out at the settlement conference.

I would say to wait it out, and at your next appearance, bring to the judges attention that you would like to bring a motion for child support and see what the judge says - she will say if it is proper or improper. The judge will also not be very impressed if the correct child support amount is not being paid.

Also, why do you want him to do all the driving?
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Old 08-29-2016, 02:19 PM
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I don't want him to do all the driving I want the driving split 50/50, I have previously done offers to settle (one was served at the same time as the Notice of Motion) He chose to move 2 1/2 hours away!
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Old 08-29-2016, 02:21 PM
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Originally Posted by SelfRepmom77 View Post
I don't want him to do all the driving I want the driving split 50/50, I have previously done offers to settle (one was served at the same time as the Notice of Motion) He chose to move 2 1/2 hours away!
That's very good of you to want to split the drive, especially since he is 2.5 hours away.

So you have already filed your motion it looks like then. Let us know how it goes.
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