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  • Change of Circumstance

    If my ex has filed a case with the court for custody and setting aside all aspects of the separation agreement, but she never scheduled a case conference or moved it forward:

    1) Am I able to file and schedule a case conference for a different case concerning a change of circumstance?

    2) If my case is concerning a change in her financial circumstances, and she lives in a different jurisdiction, which court do I file with? Hers? Or the jurisdiction where the separation agreement and divorce took place? Or the jurisdiction where the kids and I now reside (the court where the custody case file is filed but not moved forward)?

  • #2
    Originally posted by optimisticfather View Post
    If my ex has filed a case with the court for custody and setting aside all aspects of the separation agreement, but she never scheduled a case conference or moved it forward:

    1) Am I able to file and schedule a case conference for a different case concerning a change of circumstance?

    2) If my case is concerning a change in her financial circumstances, and she lives in a different jurisdiction, which court do I file with? Hers? Or the jurisdiction where the separation agreement and divorce took place? Or the jurisdiction where the kids and I now reside (the court where the custody case file is filed but not moved forward)?


    Have you filed a response to her original motion to change? If no then file the response and include what you want. If you have responded, then you can either amend your pleadings or schedule a case conference and outline the financial changes you think have happened.

    If there is already a motion before the court, unless you withdraw it I don’t believe you can file a new one.

    Comment


    • #3
      Yes. I have filed a response, however as I mentioned she never scheduled a case conference and therefore her motion to change has not been taken forward.

      I do not wish to open up the entire custody case just to address one issue which is the change of circumstance, as her case is a crap shot where she has checked off every box without basis and provided no evidence or basis for her case.

      So, my question is if her motion to change has not been moved forward, can I commence my own case for a change of circumstance unrelated to her bogus custody case which she never moved forward?

      Comment


      • #4
        You have to make sure the case has been dismissed. Just because she didn’t schedule a conference doesn’t mean it hasn’t dropped off the books. You may want to contact the court clerk to make sure.

        If it has been dismissed and YOUR change of circumstance is about support you can file where you are or where the kids are.

        Comment


        • #5
          It has not been dismissed and I have been informed that a motion cannot be brought around to the case until a case conference has been scheduled. It sounds like I am tied up in her case before I can bring my Change of Circumstance around. I was hoping if she is letting hers sit inn limbo and that she is not scheduling the case conference that I could file for the change of circumstance as a different case. Her case has everything but the kitchen sink in it as far as claims. Do I really have to wade through that when there is an obvious change of circumstance taking place. I feel as though I am locked up by the process.

          Comment


          • #6
            Why don’t you just schedule a conference and send her an offer to settle. If she is not moving the case forward because it has no teeth then she might be inclined to settle if you make a good offer.

            Based on your vague (and really weird language) posts it sounds like you have custody and she wanted to change that but knows it won’t work and now you want to increase child support (or get it) as you know she is earning either more money or finally after not working.

            Perhaps if you weren’t so vague and used actual terms (change of circumstance makes no sense) like “support owing” or something like that then someone here may be able to offer advice.

            Comment


            • #7
              Originally posted by optimisticfather View Post
              Yes. I have filed a response, however as I mentioned she never scheduled a case conference and therefore her motion to change has not been taken forward.

              I do not wish to open up the entire custody case just to address one issue which is the change of circumstance, as her case is a crap shot where she has checked off every box without basis and provided no evidence or basis for her case.

              So, my question is if her motion to change has not been moved forward, can I commence my own case for a change of circumstance unrelated to her bogus custody case which she never moved forward?
              No. The Court does not split things up piece meal like that.

              Basically you're saying you don't want the Court to consider the merits of her Motion to Change, only to hear the merits (issues) of your Response to Motion to Change. That's not the way it works.

              You have two options.

              Do nothing and see if she sets down a case conference date. If not, then wait a year and the clerk will dismiss the entire file.

              Option 2 - set down the case conference date yourself.

              Comment

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