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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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  #21  
Old 10-22-2018, 11:48 AM
rockscan rockscan is offline
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Go to the DRC. Seek out advice from the person overseeing your DRC. Once you have that under your belt you will have a better idea of next steps.

Even if she agreed in mediation, unless you have a signed agreement you are still at square one.

Your DRO may be better than the one my partner had or they may be the same. Hard to say until you go.

Follow your lawyers advice if you have one. Otherwise, see what happens at the DRC and go from there. If the ex continues to refuse you will need to get a judge to decide.
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  #22  
Old 10-22-2018, 12:45 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by History_major View Post
Is it significant at all that we continue to have 50/50 and this was all settled and agreed upon in mediation?
Or does it matter at all that she hasn't filed her response to our motion?
This should make your simple motion a lot easier. Either way, ask for a settlement conference, motion or trial, not another case conference.

My case is similar to yours, where we continue to pay too much while the other side only wants to delay the inevitable. I believe Rocksan's partner started paying what he believes to be the proper amount and therefore has no rush to get to a resolution.
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  #23  
Old 10-22-2018, 12:53 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by rockscan View Post
Follow your lawyers advice if you have one. Otherwise, see what happens at the DRC and go from there. If the ex continues to refuse you will need to get a judge to decide.
If an agreement can be made, great, but HM should go into the conference with a clear understanding of what it is and what the next steps should be. This can avoid unnecessary delays.
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  #24  
Old 10-22-2018, 01:12 PM
rockscan rockscan is offline
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Quote:
Originally Posted by StillPaying View Post
I believe Rocksan's partner started paying what he believes to be the proper amount and therefore has no rush to get to a resolution.


No he hasnít been able to. Heís with FRO and they only accept what was in the previous order. Ex disagrees with that amount and what the table amount is for a kid away at school. His case is easily settled if his ex would accept the law. She refuses and also refuses to accept what she is and isnít entitled to. DRO even told her what is wrong in her arguments and filings, she disagrees. If she refuses to cooperate at the sc, then the lawyer will file for a motion to decide the financial issues.

We have no idea why the ex is delaying. There is constantly an excuse. I have a feeling the reasons are she can claim expenses that have no receipt because of the length of time and also to see what kid 2 has planned for school. Either way the delay benefits my partner because he continues to accrue interest on the money he has set aside but it also stresses him out because he wants a decision made to stop this madness.
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  #25  
Old 10-22-2018, 02:08 PM
StillPaying StillPaying is offline
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All conferences (case, settlement, trial), whether by DRO or judge, are great for getting a judge's opinion on your issues. However, as you know, the parties don't have to follow the opinions.

This is why you should always have your next court date booked at each step. Motion and/or trial is the end game; get a final order. Each conference may give you a different opinion, but it's the motion judge that matters.
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  #26  
Old 10-22-2018, 07:32 PM
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arabian arabian is offline
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Quote:
Originally Posted by StillPaying View Post
All conferences (case, settlement, trial), whether by DRO or judge, are great for getting a judge's opinion on your issues. However, as you know, the parties don't have to follow the opinions.

This is why you should always have your next court date booked at each step. Motion and/or trial is the end game; get a final order. Each conference may give you a different opinion, but it's the motion judge that matters.
Excellent advice!

Too much dicking around with 4-ways/conferences is but a stalling tactic IMO.
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