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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 02-22-2017, 03:41 PM
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Default STBX ignores CC orders...now what

I am self rep and STBX has a lawyer .

At last case conference, master ordered court appointed mediation to be completed by mid March . Each side was to provide the other with all financials by mid Feb . I delivered everything to her lawyer on time but I received nothing from them .

I have been in contact with the court appointed mediation lawyer who told me he has been in contact with the other side a couple of times but no response so no confirmed date .

The deadlines are fast approaching .

Is there anything I should be doing or filing with the courts because of this ?
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Old 02-23-2017, 01:10 PM
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Mid February is an awfully vague deadline. Probably have to wait until March.

Can you schedule a settlement conference?

I would go on the assumption that you will not be receiving financials, and then act accordingly. Just proceed with the case. The goal is to schedule a trial. If the other side doesn't have financials in by trial then they will pretty much lose. Your ex will not be punished for failing to submit financials by March.
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Old 02-23-2017, 03:11 PM
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Actually all dates were set by the Master on Jan 18 , 2017.

T 4's , Financial statements, 3 pay stubs and Section 7 receipts to be exchanged by Feb 17 .

I complied . She has not . I have received nothing and all communication with her counsel has been ignored .

The order says the parties shall attend mediation by March 10 .

It is difficult to prepare for this when I have no idea what date we are going or what figures I am working with .


We have to present our mediation results to the master at the next CC on April 18.

Can I file a contempt motion ?
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Old 02-24-2017, 10:58 AM
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Her actions do not come even close to contempt.

I'm not even clear if there was a court order to be in contempt of.

My previous advice stands. Assume your ex will not attend mediation. That will not be punished. Assume that your ex will not give financials in a timely fashion. That also will not be punished. You need to move the case forward. Eventually, as trial looms, her financials will be done.

Your ex's lawyer has no obligation to respond to you ever. In case you were wondering, "being rude" is not contempt either.

This isn't corporate law where if you don't follow the rules you can lose. In family law, the rules are vague guidelines, and breaking the rules rarely results in actual consequences beyond costs. You tried to schedule mediation, that didn't work. Time to move the case forward.
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Old 02-24-2017, 11:50 AM
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In fact, a court cannot order parties to mediation. Mediation clauses are "good will" clauses that can't be enforced.
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Old 02-24-2017, 12:56 PM
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Thank you all for your input .

I must admit I am now very confused as to how this entire process is supposed to work .

My ex and I both sat in at the case conference ( as did her lawyer ) and we both agreed that we had to go to mediation to figure out who owed what in back child support . We have joint 50 -50 custody of 2 kids and a third lives exclusively with me .

The master wrote out the order that we both exchange all the aforementioned paperwork by the dates mentioned above . (Feb 18 )
The master also wrote out that we have to get the mediation done by March 10 because I also have a tax court case that also requires the results of the Family Law case in order to also proceed .
We both received copies of the written order .

We both agreed to the deadlines and we both agreed in that case conference to use the court appointed lawyer to help iron out what is owed .

Am I to understand now that either party can just ignore the agreements , the order etc. and drag this out forever ?

Just trying to figure out where I stand .
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Old 02-27-2017, 12:31 PM
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Quote:
Originally Posted by sens19 View Post
Am I to understand now that either party can just ignore the agreements , the order etc. and drag this out forever ?
Yes they can drag it out. For years. In fact, there is no real punishment for not meeting the order really. So, they are going to drag this out forever.

Just keep asking for the disclosure.
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Old 02-27-2017, 03:05 PM
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You can bring a motion to strike her pleadings. This would be better than contempt.
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Old 02-27-2017, 03:50 PM
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Strike the pleadings for what? Not handing in financials when the dispute hasn't even reached the settlement conference stage yet?

I doubt she even has pleadings that can be struck at this point.
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Old 02-27-2017, 04:09 PM
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If the parties had a case conference they have pleadings.

Pleadings being the Application/Answer.

Once the pleadings are struck move for an uncontested trial.
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