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  • 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 ?

  • #2
    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.

    Comment


    • #3
      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 ?

      Comment


      • #4
        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.

        Comment


        • #5
          In fact, a court cannot order parties to mediation. Mediation clauses are "good will" clauses that can't be enforced.

          Comment


          • #6
            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 .

            Comment


            • #7
              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.

              Comment


              • #8
                You can bring a motion to strike her pleadings. This would be better than contempt.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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.

                    Comment


                    • #11
                      Judges rarely strike pleadings for stuff like this. Especially if the matter involves children. Not even WD has been successful on asking for pleadings to be struck. The Rules are fine and all but, they are rarely implemented. WD has dealt with bad faith and all sorts of stuff but, they rarely strike pleadings in custody and access matters.

                      Comment


                      • #12
                        Fair enough, but it forces them to get back to the table.

                        I think they'd rather just provide the disclosure required instead of dealing with a needless motion. Especially if they have to pay their lawyer.

                        Comment


                        • #13
                          Originally posted by Kinso View Post
                          Fair enough, but it forces them to get back to the table.
                          Starting a motion that you are guaranteed to lose doesn't get anybody back to any table. All it does is saddle you with costs when you lose the motion.

                          I think they'd rather just provide the disclosure required instead of dealing with a needless motion. Especially if they have to pay their lawyer.
                          They don't have to pay their own lawyer, because after they win they will get a good chunk of their money back.

                          Striking pleadings in family law is seen as even more draconian a measure than a finding of a contempt of court. When somebody is found in contempt in family law, they are almost always given an opportunity to purge the contempt, or they are hit in costs, or some other financial hit... but their case continues. Striking pleadings is an absolute nuclear bomb in the family law world.

                          ...and to motion for this nuclear bomb because somebody didn't do their financial disclosure before the settle conference? That is incredibly disproportionate.

                          Comment


                          • #14
                            Starting a motion doesn't compel you to finish it.

                            A rule 18 offer to settle can insulate you from costs.

                            Striking pleadings it's not quite a nuclear bomb.

                            They will have to explain to the court why they haven't complied with a court order; which is never easy.

                            Comment


                            • #15
                              Originally posted by Kinso View Post
                              Starting a motion doesn't compel you to finish it.
                              LOL. Yes it does. The Rules require anyone who withdraws to pay the costs of the other party.

                              Originally posted by Kinso View Post
                              A rule 18 offer to settle can insulate you from costs.
                              Only if the other party agrees to cover their costs as part of the agreement. If they don't and an agreement is met they can go to court to get costs ordered. Happens all the time.

                              Originally posted by Kinso View Post
                              Striking pleadings it's not quite a nuclear bomb.
                              Actually, yes it is. Janus is 100% correct. You are taking away the litigant's ability to represent themselves in a lawsuit. There are laws that allow for this. Fundamental laws that allow you to defend yourself in a lawsuit. When a judge makes an order for striking they have to take away your basic civil rights. They need GOOD REASON to do this.

                              Same things go for ex-parte motions. Judges don't take risks with people's civil liberties. That is why every ex-parte has an urgent return to give the absent party a chance to respond. Usually, they return the same week or the next week.

                              Originally posted by Kinso View Post
                              They will have to explain to the court why they haven't complied with a court order; which is never easy.
                              The better path is to serve a Form 20 with the income disclosure. Then to present the serving of the form and ask for the income disclosure to be ordered at the conference. It is a procedural thing so a judge can order the income disclosure.

                              The repeated failure to disclose information will eventually catch up with the other party. It usually ends in an income determination in the absence of the financials being presented. Rarely, if ever, a striking of pleadings.

                              Good Luck!
                              Tayken

                              Comment

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