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Self Representation & upcoming Settlement Conference

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  • Self Representation & upcoming Settlement Conference

    I no longer have a lawyer, I have received my complete file from the office. I have an upcoming SC scheduled for March 24. My questions are, which forms, what is the deadline to submit the forms and any feedback on do's and don'ts for self rep would be appreciated. I am honestly financially struggling and cant afford a lawyer

    A little background:

    Had a lawyer from the beginning to just now
    High conflict seperation
    Seperated January 2012
    D14 lives full time with me and D8 rotates week on/off (for winter months)
    OCL is involved
    We lost all assets, house camper ect and both declared bankrupt
    Ex, always worked full time and year round and has always had a salary ranging from 75- over 100/year until our seperation, now he works 5-6 months a year and is collecting unemployment

    Last case conference Oct 12, judge suggested he pays approx $700 child support he refused and walked out

    Child Support paid to date

    April 12 - Sept 12, 1355.00 a month (seperation agreement according to the guidelines) (lost matrimonial home moved into rental)
    Oct 12-March 13, no child support (lost rental, forced to move in with a friend)
    April 13 - Oct 13, judge ordered to pay 450 a month (he hadn't disclosed any of his income so this is temporary) for one child only
    Oct 13 - Now, no child support

    He is in arrears of over $8000

    His salary NOA

    2008 - $ 82,000
    2009 - 99,000
    2010 - 95, 400
    2011 - 103, 000
    2012 - $33,000 (5 months worked)
    2013 - $38,000 (7 months worked)
    Oct 3, 2013 unemployed

    I understand none of this matters but this was a planned and repetitive seperation and he is living and bought a $250,000 home with his new girlfriend.

    FRO is involved, they are enforcing the $450 a month only even though the whole reason I contacted them was to begin enforcement on the $1355.00 a month. They are suppose to follow up with me in that regard.
    Issues to resolve:

    Child and Spousal Support
    Custody and access
    Divorce

  • #2
    Intentional underemployment and unemployment it appears
    FRO/MEP enforce most recent orders
    I assume the new home is under the g/f's name only. If his name is on it then FRO can attach to it
    Bankruptcy clears him of financial obligations and essentially puts him in a better position to pay you.
    Bankruptcy - do you and your ex both have Absolute Order of Discharge yet or are you still not discharged? This can make a big difference in collection enforcement by FRO.

    Comment


    • #3
      No discharge yet. what would be the difference?

      Comment


      • #4
        I will PM you

        Comment


        • #5
          Your ex is likely working less because of the bankruptcy. He probably doesn't "get" that while he has to pay any overage into the bankruptcy estate (trustee) he is able to first claim SS and CS from his stated monthly income. If he has a lousy trustee (most of them are indeed lousy in my opinion) and/or doesn't understand the process, this could be a reason he is intentionally underemployed. You might want to simply ask him about this.

          My advice is to not believe all that you read on trustee's web sites. Contrary to what they want you to believe, bankruptcy does indeed affect your spouse and your ability to collect support.

          Comment


          • #6
            arabian did you get my PM? First time for everything....

            Comment


            • #7
              Yes thank you I did receive it and responded to you.

              So as not to be rude to others reading - I do not wish to give out any information which may help deadbeats.
              Last edited by arabian; 01-08-2014, 11:53 AM.

              Comment


              • #8
                So what now, Im not sure which forms to complete to move forward with my scheduled SC. Im confused.

                Comment


                • #9
                  Im not sure which forms to complete to move forward with my scheduled SC. Im confused.
                  Well...you have your work cut out for you, hope you have the time, and aren't afraid of some reading, filterings, organizing, and presentation?

                  Settlement conference procedure
                  (1) A judge or a court officer who is satisfied that holding a settlement conference may assist in resolving an issue in the proceeding may appoint a time, date, and place for a settlement conference, at any stage of a proceeding, if all of the parties agree to participate.
                  (2) A judge who is assigned to conduct a settlement conference may give directions about preparation for, and conduct of, the conference.
                  (3) A court officer may do either of the following:
                  (a) give directions on filing requirements to the parties before a settlement conference;
                  (b) request the judge provide directions on filing requirements and communicate the judge’s directions to the parties before the conference.
                  (4)The parties must file a settlement conference brief containing all of the following, unless a court officer or a judge directs otherwise:
                  (a) a brief statement of the relevant facts;
                  (b) a statement of the issues to be resolved;
                  (c) a summary of the proposals for settlement;
                  (d) any other information that will assist the judge, including a list of any financial statement, expert report, and parenting assessment report relied on, and summarized in, the statement of facts and summary of proposals.

                  Reference


                  All the forms you need can be found here <--------------- Starting with the form 17C
                  <!-- / message -->

                  Comment

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