procedures and motion dates

[chinup]

I am hoping that someone can provide some insight on this...more procedural in question:

I was served with a motion to change, response was exchanged, DRO conference was held and a date for a SC/TMC has been made for June.

My ex's lawyer has now set a "motion" date for end of April to resolve ONE of the items contained in the original motion. The issue for this motion is one that is already in the original motion that was filed.

So my questions are the following:

1. Is my ex not required to file a separate motion since my ex is addressing only one item in this new motion? OR can a motion date be based on the original motion but for only contend with one item from the original motion (in which case, the original motion and response is being used )

2. Can my ex's lawyer set a motion date without consent and if not, what is my recourse if I am not agreeable to that date? Would I be need to reach out to the trial coordinator's office to ask for another date?

3. What exactly is being heard on this date? I have been given no information as what kind of appearance this is, aside from being told by opposing counsel that they have booked a "motion" date (no confirmation or paperwork pertaining to this one item motion)....since we have already held a DRO conference for the original motion, should I assume that any other conferences are not going to be held and that this will be a date whereby the motion is to be argued?

Thanks!

[rockscan]

My ex's lawyer has now set a "motion" date for end of April to resolve ONE of the items contained in the original motion. The issue for this motion is one that is already in the original motion that was filed.

Do you know what the one thing is?

1. Is my ex not required to file a separate motion since my ex is addressing only one item in this new motion? OR can a motion date be based on the original motion but for only contend with one item from the original motion (in which case, the original motion and response is being used )

Nope. She wants the one item resolved and feels that it can be with a motion outside the next step.

2. Can my ex's lawyer set a motion date without consent and if not, what is my recourse if I am not agreeable to that date? Would I be need to reach out to the trial coordinator's office to ask for another date?

Yes she can file and get a date. You could appear at the date and request an adjournment but it will probably fail. If you know what she is motioning for and can answer it, you won’t need the motion.

3. What exactly is being heard on this date?

If its one thing in the original MTC then that’s what is being heard. It could be a request for disclosure, a request to change parenting time, support update etc. You will received her materials in advance to respond to so it won’t be a blindside.

since we have already held a DRO conference for the original motion, should I assume that any other conferences are not going to be held and that this will be a date whereby the motion is to be argued?

You could still have a TMC/settlement conference. It all depends on your case.

You note there’s one thing this motion is looking for. You know your case. Is it for disclosure and you are avoiding providing it? If a judge would order you to provide it at the motion, provide it now and the date won’t be needed. If you are holding out on something that a judge would order, do it and avoid the motion and potential costs.

If your ex is just being difficult and demanding things that can wait, let her sink herself at the motion.

You will be provided with her forms in advance of the motion and will have time to respond.

[chinup]

thank you for your response!

my order provides for a fixed amount in child care costs.
my ex is wanting me to agree to forego this amount and for me to agree to stop payment of it.

I think what's throwing me off is that they didn't file a new motion with just this one item so there is no way for me to respond to this "new" motion.
All they have done is set a date and told me about it.
I was under the assumption that I would get a motion to change form and have 30 days to respond so this is something new.

So if I understand you correctly, they are using the original motion and asking for a motion hearing date to resolve one item within that motion and I will get her materials 6 days prior to the motion hearing date. (and I will have to respond within 4 days of the motion hearing date if I am correct).

Is it worth giving them an offer prior to the motion date if I don't care about costs? I am self representing.

[rockscan]

You can make an offer to settle before the motion which will help in an argument for costs.

The one thing you think they are asking for is for you to stop paying for daycare? Or they want to change the amount?

[chinup]

They are looking to stop paying for child care costs, and asking me to agree to it.

Ex makes in excess of $250k so it is not for undue hardship.

[rockscan]

Ah ok if the costs have been incurred then they will have to pay their share. You could offer that they pay the proportionate share rather than a fixed cost?

[StillPaying]

When an application/motion to change is started, you'll "automatically" go through the various conferences, in order to get to trial (final order).

Many times, a temporary or interim order is needed before trial which is done through a motion. Unless a final order is provided (unlikely), all issues still proceed through the conferences to trial.

Motions are costly and formal. Being self rep'd, you can still be ordered to pay thousands to ex if you lose - so take the motion seriously. You'll get their material a week before the court date and will have a couple days to file a response. Start preparing now.

[pinkHouses]

2. Can my ex's lawyer set a motion date without consent and if not, what is my recourse if I am not agreeable to that date? Would I be need to reach out to the trial coordinator's office to ask for another date?

This is considered a d*ck move.
The rules can vary from region to region but where I am the guideline is that you provide dates to the other party and have them pick a date.

A guideline isn't a rule so they can do their d*ck move. It is rude etc but they can do it.

If you are not available it would need to be a for a good reason. Reasons I have seen others give are "root canal" and "out of town" and those arrangements would have had to have been made before the motion date was set.

So what Stillpaying said: take this seriously.
Look up the rules for the timeline.
Look up the rules for serving the other party: you have to have you affidavit commissioned, then serve it, then file it with your affidavit of service. It is not like just sending off an email.

You are the one with the back story and it sounds strange to stop paying with that income so maybe start another thread or have a lawyer to ask questions of.