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  • #16
    Here is another idea.... Call the courthouse and tell them the situation. Maybe they can give you a fax number of duty counsel. If you are successful you could have the surgeon's office fax it directly. I think the important thing is that everyone is advised well in advance that you will be unable to attend. Who knows, duty counsel might even do this for you and set another date. People get sick all the time, have car accidents.

    I could be totally off my rocker here, but it's worth giving it a shot.

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    • #17
      I called my surgeon's office this morning and they are preparing a letter for me now.

      I also called the court office and spoke to duty counsel. They provided me with their fax number so that I could get my dr to fax them directly. They didn't have much info, they just said that I have to call them the day before court and they will relay the message to the judge. However, they had to warn me that because I'm not at court, the judge may still make Orders against me...

      At our last Settlement Conference in August, my ex brought up that she has no income and needs support. The judge said for us to request info/disclosures from eachother and that she can bring a motion if need be. He then rescheduled another Settlement Conference for Dec to give the OCL a chance to make their report. In the disclosure I found out she was making $50k+ (more $ than me), however due to the source it is not counted as income. With my disability, I want to claim Undue Hardship and/or get an income imputed on her (she has 2 degrees and work experience) so that our incomes are equal and no support is paid.

      What are the changes the judge will make an order for support without me being there?

      She is hiding her education/employment and not being truthful about her actual income coming in. She is also misleading the court to say my income is twice what it actually is. If the judge only hears her side, it will look bad on me.

      Comment


      • #18
        I would think it would be doubtful orders would be made without you there BUT I am not a lawyer. You might want to call the court house again and ask for duty counsel to call you. If you are successful in them calling you back you could explain your situation and ask them if they could request a change of date on your behalf. Again, I don't know if this is possible - I'm just winging it here. I'm glad to hear you can have surgeon fax courthouse (That was just a guess on my part). I'd have the office fax the courthouse asap and you could send the fax again 2 days before the trial as per their instructions just to be sure.

        If you ex does manage to get interim support remember it is just INTERIM and hopefully you will have another date agreed to in January to address the matter. The judge would probably only make an interim order if your ex can prove that you continually try to avoid the issue and if there has been a history of delays. This is good incentive for you to get your shit together as the matter is certainly not going to go away.

        Comment


        • #19
          Thank you! You've been a great help.

          Duty counsel said that they would attend on my behalf and request a new date. No guarantees, but they will show the judge the letter from my dr.. but I'm hoping I can give them a few fighting points as well just in case.

          mainly that the prev. judge advised my ex to bring a motion if she needed support, which she never did... that her bank statements show that she's making more than she claims... and that I let her know about my surgery/recovery and need to reschedule, and offered to file for a motion now for January to accommodate her and have the opportunity to defend myself... it's been a year now with no support, so I'm hoping one more month won't hurt.

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          • #20
            That's good news. Whatever you do, don't piss off duty counsel. Just get the date changed and go from there. If you can get a new date doing it this way then I think you've done very, very well. Maybe you should think serious about getting some legal aid now.

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            • #21
              i need help please... problems trying to post reply

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              • #22
                I received my doctor's letter, confirming the surgery dates, that it was out of my control, and my recovery time/restrictions.

                I also finally heard back from my ex. She said that I should have offered/paid support and therefore she will not help me out by consenting to an adjournment.

                Although duty counsel will appear for me and ask for an adjournment, there is no guarantee and orders can still be made against me as a 'no show'. Therefore, out of fear, I would like to attend court myself and ask for the adjornment to be safe.

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                • #23
                  I'm currently filling out my 14c - confirmation, and want to make sure I'm doing it right.
                  For number 4, This matter is going ahead, do I select, "for a contested adjournment to"?
                  I put in the first available date, asked for by 'applicant/me', because:

                  Comment


                  • #24
                    I had spinal surgery on Oct 24, but due to unforeseen complications the surgery could not be completed until Nov 28, which included back and stomach (Dr note attached). Recovery time is 4-6 weeks where I am on extra medications for pain and severely limited in my ability to drive, bend, twist, lift, prolong sitting, etc. This delay was not in my control and due to this, I was unable to properly prepare my materials, and unable to attend our Settlement Conference for the full time needed.
                    I discussed the surgery and recovery with the respondent and she encouraged me to have it done. I then kept her informed regarding the complications and need to postpone the incomplete surgery. As soon as I found out about the new surgery for Nov 28, I immediately contacted the Respondent 3 times to request an adjournment, with no response. On Nov 30, I finally heard back from the Respondent that despite my restrictions and doctor’s recommendations, she was not consenting to an adjournment.

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                    • #25
                      I think she's blowing smoke up your ass. It is unlikely any judge would go against a doctor's letter. IF you do go to court, ask duty counsel to have your case be heard first so you can request adjournment with judge. I'm sure they will be more than willing to help you.

                      Comment


                      • #26
                        Just an Update -

                        I went to the Settlement Conference today and requested the contested adjournment due to my surgery. The judge was very nice and understanding to both sides. He was able to hear our case first and quickly asked if there were any pressing issues that needed to be addressed. He heard us both out, gave his opinion on the facts, recommended that we go to mediation first to try and settle things, then adjourned the SC to the next available date which is April.

                        Although it was tough to make it into court, I'm glad I did.
                        Thank you all for your great input/advice on this.
                        I'm so thankful for this forum.

                        Comment


                        • #27
                          Very pleased to hear it worked out for you and that the judge let you go first. I think all in all many judges try to be decent.

                          Hope you can continue on with your recovery and that you feel better soon.

                          Comment


                          • #28
                            We were in court 2 days ago for the settlement conference, where I was awarded an ajournment due to my serious surgery 2 weeks ago.

                            Today I have a UPS package sitting at my door. It's her papers...She has brought a motion for Dec 20... (in 6 days)... and her affidavit.

                            I don't believe this is the proper way to serve someone for this... however I will be picking up the kids tonight, so I can only imagine she will serve me then.

                            However, we have previous orders that says all new motions must be served with at least 15 days notice on the other party in order to give them time to respond/prepare/etc.

                            What do I do now?

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                            • #29
                              I spoke to Duty Counsel today.

                              They said to File a Motion on Monday, with an affidavit... asking to change the motion date.
                              I have to mention that we are supposed to give 15 days notice on motions... that I was just given an adjournment 2 days ago to recover from surgery but she now brought me back to court again... and to ask for costs.

                              Not sure what will happen... but let's see.

                              Comment


                              • #30
                                Hi,
                                I'm new here. I need tio get an emergency adjournment and not sure how. I have a case conference scheduled for next Wednesday but my father has been admitted to ICU in Thailand and I have to leave the country, I have a flight on Monday. How did you go about getting the emergency adjournment?

                                Comment

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