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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 01-24-2006, 09:47 PM
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Question What now......

My x and I have been separated for 5 months. Actually, in the end I had to have him arrested for making threats against me.........in front of our 2 kids. When I put the house up for sale and he actually saw the sign, I guess it sunk in and he lost it. Anyways, a couple of months went by ( he was charged and wasnt allowed to communicate with me)........and I obtained a lawyer and we sent him out a non-threatning letter asking him to obtain counsel and call mine within 10 days. Nothing happened so we filed for a motion at Supreme court........a rush motion for temp. custody and for support to start. He never showed up so the judge granted me both. That was Dec 21st. I have been told that now I have to wait for a package from the family responsibility people to fill out and send back. My lawyer and I are proceeding ahead and I guess will just get a summary judgement. Does anyone know how long it takes to get the package from the family responsibility people.........and how long it takes before I can expect some money coming in........in 5 months I have gotten nothing and he hasnèt had ANY contact with his kids.......not even for Christmas. Also what happens with a summary judgement and what happens if again, he doesnt show up in court at all........does the judge just make a decision on the pending items without him there..........anyone with knowledge would be a big help..................the only thing i DO know is that because he didnt respond, I will have to wait 1 year till I can be divorced.
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Old 01-24-2006, 10:31 PM
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Default

whattookmesolong,

I can understand the circumstances, however, on the ex parte motions, I am surprised that the Judge never made the matter come back subsequently a few weeks later to allow the other party to bring forth their views.

For the summary judgment which you request on motion, you will have to serve your ex to appear. If he still not appears, most definitely the matter will probably go ahead without his participation.

For the divorce, it is always best to obtain by a one year separation. This is the no fault reason.

If you are dealing with the Family Responsibility Office, it does take a long time for them to process the support deduction order. You just have to have patience. Once the case is processed payments should flow smoothly as long as they are able to track your ex's employer to garnish wage as payroll deduction. If your ex changes employers often, FRO may have a problem collecting the payment and may take enforcement action. In the meantime, payments would be calculated from the date of the order.
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Old 01-25-2006, 11:06 AM
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Default He was supposed to.....

Thanks for your reply.....what a great site this is. For the first issue of support and temporary custody, that my lawyer and I went to motions court for.......my x was served and should have appeared at that. But he never did. Although this judge was hesitant to put those 2 things through as urgent....she did because she seemed a little ticked that my x (in her words)........didnt bother to show up. So, now it has passed the time limit of 30 days since he was served originally......so now I have to go tomorrow and sign papers and we are just going to proceed. So by what you said, am I right to say that he will once again be formally served papers with another court date.........and if he doesnt show up at this one, than what, we go over all the remaining issues and the judge will make a decision based on what I say........or what I have as documentation. If he is laid-off(seasonal worker) does that mean that I have no chance in winning spousal support or costs.......The house is still for sale and although I am renting it out, the cost to run it far exceeds what I am getting for rent.........it costs about 1800 a month to run it and I am getting 900. I have also been paying all the bills for it and the 180 dollar house ins every month. All of this plus my new place I am renting and looking after the 2 kids by myself with no support from him whatsoever. I have asked my lawyer to go after back support as well...........It has been since August 24th that I have been doing all of this on my own. Not to mention..........every time there is a showing for the house I am the one that has to drive there, wash floors, vaccuum, etc, etc etc.....talk about had enough oh my!!!! When the house sells there will be just enough left to cover the mortgage, and all of our debts. Will I be compensated for keeping the house going by myself at all.......he hasnèt helped with the mortgage at all since the end of Sept. This is when he asked me to drop the charges and I said NO!!!!! ( he pleaded guilty on Nov 22nd and got a year and a half probabtion). Thanks for any reply you can offer!!!
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