Case conference- Then trial cancelled

[springerkev]

Hello everyone,

I have a somewhat unique case that I could use some advice with.

I had a rather short marriage (2 years), it has been almost a year since our separation. I have been paying alimony on an interim basis based on my previous salary. Since our separation I changed jobs and my income was reduced by almost half. I have not bothered to have my alimony reduced since I am expecting the duration I have to pay will be shortened.

There is no children and the matrimonial home has been repossessed. She has stated that she is content with the division of property.

So here is my problem, at my last case conference in December, I left abruptly since I did not see any progress being made. The trial date was already set for February 2nd, so I decided to just wait until then and let a judge make a decision. Well I attended court only to find out that the trial date had been cancelled. So where do I go from here? Why would the trial date have been cancelled? I am representing myself, and have contacted her lawyers' office for an explanation but I am not having my calls returned.

Can someone please help?

[dadtotheend]

Check with the court office. Ask for the continuing record.

[springerkev]

thanks for the reply, I did have a look at the endorsement and all it said on it was trial cancelled.

[dadtotheend]

With all due respect, it seems a little cavalier to up and leave the case conference and then just expect that the trial would proceed without further communication with the court.

There are lots of steps between case conference and trial that would have had to occur i.e. settlement conference, offer to settle, trial management conference, exit pre-trial conference, questioning etc.

It seems highly premature to have had a trial scheduled at the case conference stage.

[springerkev]

Yes, I admit I was more than just cavalier, but rather upset. This was the second conference and the trial was scheduled at the first case conference. There was also a questioning cross examination that was cancelled. I am just trying to understand/determine what the advantage of this is. I would have just preferred to go to trial and proceed uncontested.
Since it was only a 2 year marriage, I do not want to be in a position where I end up paying more in alimony than is allotted by SSAG. Can I file a motion to terminate the interim support order at some point in time?

[dadtotheend]

If the SS is being paid pursuant to an interim order and it doesn't specify a duration, you're going to have to start another application to have the order changed or cancelled.

For a two year marriage, I wouldn't expect that SS should last for any length of time. If there was no cohabitation prior to marriage, you would seem to be at the end of your obligation after a year of SS.

Consider asking her to agree that the SS should end, failing which go back to court.

[dovan]

With all due respect, it seems a little cavalier to up and leave the case conference and then just expect that the trial would proceed without further communication with the court.

There are lots of steps between case conference and trial that would have had to occur i.e. settlement conference, offer to settle, trial management conference, exit pre-trial conference, questioning etc.

It seems highly premature to have had a trial scheduled at the case conference stage.

I can understand how you would want this issue over and done with....but keep in mind that the courts do have a process, I must agree with dadtotheend. You allowed this issue to get the better of you and unfortunately it might come back to bite you as you could be perceived as being uncooperative. Trial is a last resort to resolving the issues .... the courts don't want to force their hand in determining what you should do, they rather you both work the issues out with their assistance so that you both are somewhat happy with the results.