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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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Old 04-06-2011, 04:03 PM
DunnMom DunnMom is offline
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Default I'm stumped :o(

Back on Feb 4th ex & I had a Case Conference.

The judge made a Temporary Order & set another court date for May .. The Order stated that I (Applicant) was to file a Motion & Affidavit & serve it on ex by tomorrow (which I did).

Ex was to file his "response to motion" by Apr 21st and I had final reply to his response by May 5th.

Today ex shows up and hands me his own Motion & Affadavit, using our same May courtdate.

Is this normal? Can he "piggy back" on my Motion (as I've been the Applicant in this whole process)?

TIA
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Old 04-06-2011, 04:59 PM
mummer1962 mummer1962 is offline
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The court clerks make the court dates...consider it a gift as you can go the same day and kick his ass.
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Old 04-06-2011, 08:54 PM
DunnMom DunnMom is offline
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Quote:
Originally Posted by mummer1962 View Post
The court clerks make the court dates...consider it a gift as you can go the same day and kick his ass.
Actually the court clerk when he filed his Form 14 today DID NOT make the court date. The judge did back on Feb 4th with the Temporary Order.

It clearly stated that:

1) Applicant to serve and file Motion & Affidavit to Respondent by Apr 7th
2) Respondant to serve & file "Response" by Apr 22nd
3) Applicant to serve & file "Reply" to Respondants "response" by May 4th.

Now ex goes and fills out a Form 14 & Affidavit on his own, took it to the courthouse, got the clerk to commission his Affidavit and served it on me. I imagine tomorrow he'll go with his Notice of Service and file it.

We have a Temporary Order that the judge endorsed/signed on Feb 4th with instructions to both of us. I'm adhereing to them. So do I even bother responding to this "new" Motion? Or do I just wait for ex's response as per judges instructions?

If I don't "respond" to this new Motion ... then what?

This is SOOOOOOOOOOOOOOOOO long drawn out and stupid ... we are at a total stalemate and all I really want is for a judge to say "this is a valid Section 7 expense OR this is NOT a valid Section 7 expense" ... I'll live with the judges decision.
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Old 04-11-2011, 01:53 PM
DunnMom DunnMom is offline
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Bumping up .... does anyone know the answer to this?

Is his "Motion" even legal/valid since it's contrary to the Judges order? And what do I do about it?

TIA
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