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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #31  
Old 12-19-2018, 03:06 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by rockscan View Post
I ended up not getting the transcripts as they were five hours long and would have cost about $2000.

Im bumping this because its been almost two months and my fiancé has yet to receive either an order or the items the judge ordered the ex to provide. She was also ordered to pay costs by January 3. He has asked his lawyer’s office if they have anything and has not received an answer. He was going to wait to follow up when it came time for the costs payment.

Do you normally get an order following a motion like this? How long does it take? How will her refusal to comply in the 30days impact the settlement conference?
I would have assumed the judge gave the order orally and possibly a handwritten order. Most judges do this. The official type up can take a while but, a handwritten order is just as good. Pazaratz types them up right in the courtroom and prints and signs them. But, he is an unusually excellent justice.

I doubt the other party in your matter will make any further action on the matter now that they have to pay costs. A lot of times the losing party will abandon their file and take no further action. So it falls on you to see enforcement of the order. If you press the issue they will likely want to settle out of court as going back will only net them more costs orders.

The next step if there is no action is to schedule a conference. But, depending on how things are set now you may not want to take any further action either as you may have the upper hand in not having to do anything but wait.

Costs orders that are not paid work in your favour. Orders not followed also work in your favour. If you don't need anything from the other party why push? It just adds unnecessary anxiety and cost. The other party may simply disappear.
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  #32  
Old 12-19-2018, 03:35 PM
rockscan rockscan is offline
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Thanks Tayken. In the confirmation sent by his lawyer, it said he would have a draft order with him. The order from the judge was in his favour so it should have been signed. Could be that the lawyer wants to save us money by waiting until he has all the paperwork and the costs payment.

We expected her to either comply with some verbal bs or send an updated offer to settle. They have a settlement conference scheduled for June which will address the previous section 7 and outstanding cs he owes because of her refusal to update and how section 7 and cs will work for the other kid who is expected to go to school next fall. Although there was talk that kid 2 wasn’t interested in further schooling but kid 1 wants an additional degree. Her costs order is less than what he owes and what he will have to pay for kid 2. She flat out said she will be motioning for all of it and the judge clapped back that she wasn’t entitled to anything she would be asking for.

Shes notorious for not meeting deadlines, I thought since she was so fully smacked by the judge that she would be on better behaviour. Guess we will wait and see.
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