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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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  #1  
Old 10-21-2018, 05:10 PM
History_major History_major is offline
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Default DRO Conference

How "sharky" do DROs tend to be? We have a conference this week to settle our custody dispute. BM hasn't responded to our court filing for 50/50 custody after setting status quo for a year. She had an extension to file her response and has yet to do so. After conferencing with a lawyer, it appears to her and us that BM is trying to stall because she doesn't want the change the amount of child support she will be receiving since we've paid full support while having 50/50 since last summer. Is there a chance the DROs will shut her down or are we looking at an OCL which we are suspecting she might request to drag this out further. It's worth noting that DSD is back to coming happily to our house for our days and as always is happy to be with us!
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Old 10-21-2018, 06:59 PM
rockscan rockscan is offline
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Depending on where you are and what your DRO is (judge or lawyer) you could have some help or it could be a complete waste of time. My partners DRC was the complete waste of time. The DRO was a “baby lawyer” as my partners lawyer called him and while he told the ex all the shit she was saying and demanding was irrelevant, it meant nothing. She agreed to a few things then changed her mind outside the room. The DRC was 15 months ago and the ex filed a motion for disclosure if all the things she was told by the DRO was irrelevant a year later. (I know all this from the lawyer and my partner, I wasn’t in the room).

DRCs are supposed to be a helpful first step to get parties to a settlement conference without needing numerous case conferences. They are not binding, have no power to order anything and are zero help if the DRO is not a legitimate officer of the court (ie a judge). I think they should be stopped immediately.

My best advice is to go into it with no expectations and plan to file for a case conference the moment you walk out the door.
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Old 10-21-2018, 08:55 PM
History_major History_major is offline
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Thank you for your response!
All of this was settled in mediation already but she isn't filing her paperwork and is dragging her feet about it all. We thankfully have 15 months of established status quo going for us.
Our conferences are held with senior lawyers but I will lower my hope that everything gets settled Friday.
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Old 10-21-2018, 09:00 PM
StillPaying StillPaying is offline
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My case was similar to yours. They may attend asking for more time and to schedule another case conference, but don't let them. If nothing can be agreed to for an order on consent, then push to schedule your next date for a settlement conference in front of a judge (which may take a little longer, but either way you'll get a date set). This way, with the case conference complete, you'll be able to bring a motion to address your issues right away.
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Old 10-21-2018, 09:05 PM
kate331 kate331 is offline
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Dont know much about DRO's but I do think an OCL request will drag this out another 6-9 months. At least that is what my ex is trying to do. I have mixed reviews about OCL from what I have read on here.

Are you paying through FRO? If you dont have a court order yet, why are your paying full cs?
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Old 10-21-2018, 09:15 PM
History_major History_major is offline
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We are paying through FRO yes. Current court order gives joint custody with 50/50 at some point in the child's life. Up until last summer we had EOWE and one night during the week. Last summer we switched to a 2/2/5/5 schedule. We gave it 14 months before we filed to adjust custody to legally 50/50 and adjust support amount. They agree and sign an agreement in mediation I'm support of this. Day of court BM decides she no longer supports 50/50 and DSD no longer "wants to come"... total BS lol she also never filed paperwork. She was given an extension but still hasn't served my hubby.
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Old 10-21-2018, 09:16 PM
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Since Thanksgiving though DSD is back to 50/50 and happy to be with us when shes here
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Old 10-21-2018, 09:19 PM
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I would love to get this to a judge! We conferenced with a lawyer who told us that it's obvious to her that BM is just doing this to keep us paying her full support. Especially with some of the text messages we have.
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Old 10-21-2018, 09:22 PM
StillPaying StillPaying is offline
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They'll delay as long as you let them. You need to get to a motion asap.
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Old 10-21-2018, 09:28 PM
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What motion do we need to file?
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