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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 06-17-2013, 08:27 AM
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Default Varying Interim Temp Support Orders before TMC

Hello,

It seems my lawyer is reluctant to put any more work into my file based on my financial circumstances. A Temp Support Order was made last summer under false misleading statements, incomplete disclosure etc... As a result of this tactic to gain advantage I've been struggling to provide even basic necessities for myself and 3 children who I have equally for custody and access.

Over the past year I have been obtaining factual evidence based information that my ex had mislead the justice (questioning, incomplete finanicials, partial disclosure etc...) and who has refused to provide critical financial information during questioning. There is another TMC scheduled in 4 weeks, and I wanted to address the Temp Order ASAP, however my lawyer said, lets talk to the TMC justice and see what they will do, as it was the same one who created the Temp Order.

My concern is that nothing will come out of it, and my lawyer will not submit an order to vary the Temp Order even with the evidence and information due to my financial situation. The other party will simply win the matter before the court through attrition before the matter can ever beheld - when my children and I get evicted (not if). Because I have no more credit rating, no more monies for legal representation, and my income is almost halved based on almost table amount as result of Temp Order.

Do I create my own Motion, do I do it before the TMC (won't I piss off the judge having to hear his motion by someone else before then). Can I even have it heard based on timelines. What kind of motion and materials do I submit as my lawyer will not give me the file until my account is paid in full, - not to mention getting the TMC brief and materials completed in time.

thanks,
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Old 06-18-2013, 01:08 AM
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Default

I called the court house and it seems that I will be going before the justice for TMC with any motions still pending based on the timelines, and motion response timelines.

In my motion can I request a motion to change a temp Order (obtained by fraud (supportable by questioning statements)) and include a Hardship claim as an alternative order request - as the numbers and standard of living reflect a huge differences based on the disclosed incomes (from all sources))?
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