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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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  #1  
Old 10-24-2019, 02:00 PM
Selfrepmom Selfrepmom is offline
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Default Judge’s Endorsement

My motion for CS last month was adjourned. The Respondent showed up with nothing filed, not even a confirmation, so the judge gave him another month to get his shit together.

In his endorsement he wrote “Matter adjourned to ***** 2019 peremptory upon the Respondent”

I filed my confirmation for our new motion date at the last possible minute. I did this on purpose- I still haven’t received any sort of response or confirmation from the Respondent and wanted to make sure he actually didn’t file anything.
Well lo and behold I checked while at the courthouse and he has filed nada. Our new motion is next week and he is now past all timelines to file anything.

Does this mean that the judge will go ahead and make a ruling without him, even if he comes? If he walks in his response will they allow that? I am kind of under the impression that this was his “final warning” but I don’t want to be too optimistic
Would it be a good idea to come with printouts of all offers to settle and attempts at communicating with him via email over the past few months asking him if he is filing a response etc?
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Old 10-24-2019, 02:22 PM
iona6656 iona6656 is offline
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Absolutely come with all your materials in triplicate. Organize them in a binder- and have them chronologically to pass to the judge.

I would type up a chronology of your matter too. Make it as short as possible- in case the judge wants to know what happened. You can pass it up- and explain if necessary. But it should be really easy to follow. Make it a chart with the event in the left hand column and the attendees in the middle- and the presiding judge on the right. It might be a good idea to put in a succinct "Ordered" column as well- to show how many times he was given an adjournment.

The judge will want to see how many times you went to court.

It seems like with self-reps- family court will let things be walked in.
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Old 10-24-2019, 03:09 PM
Stillbreathing Stillbreathing is offline
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I wouldn’t be surprised if it was delayed again. I have been waiting for almost eight years for a child support and s7 order for my oldest child who has now graduated from College. The children do not come first in family court!
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Old 10-24-2019, 06:37 PM
Helpmyspouse Helpmyspouse is offline
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So damn true. Kids don't come first in family court. Only lawyers do.
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Old 10-25-2019, 07:07 AM
Lemongirl Lemongirl is offline
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Be prepared for a second adjournment as they usually get a few chances to submit their paperwork.
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Old 10-25-2019, 12:39 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by Lemongirl View Post
Be prepared for a second adjournment as they usually get a few chances to submit their paperwork.
Normally that’s what I prepare myself for. But the fact that the judge gave him a big scolding for not filing anything last time and wrote on the endorsement that this adjournment is “peremptory upon the Respondent” (aka last and final chance/he is no longer allowed to adjourn) has me hoping otherwise.
So it sounds like the motion is going ahead with or without his filings. I just wonder if the judge would allow him to walk in his response though....
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Old 10-25-2019, 12:44 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by iona6656 View Post
Absolutely come with all your materials in triplicate. Organize them in a binder- and have them chronologically to pass to the judge.

I would type up a chronology of your matter too. Make it as short as possible- in case the judge wants to know what happened. You can pass it up- and explain if necessary. But it should be really easy to follow. Make it a chart with the event in the left hand column and the attendees in the middle- and the presiding judge on the right. It might be a good idea to put in a succinct "Ordered" column as well- to show how many times he was given an adjournment.

The judge will want to see how many times you went to court.

It seems like with self-reps- family court will let things be walked in.

Thanks! Great idea
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Old 10-29-2019, 12:20 PM
gettingexpensive gettingexpensive is offline
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Quote:
Originally Posted by Lemongirl View Post
Be prepared for a second adjournment as they usually get a few chances to submit their paperwork.
Why is this? it's not like it helps with the court system. Why would someone deserve many chances?
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Old 10-29-2019, 12:38 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by gettingexpensive View Post
Why is this? it's not like it helps with the court system. Why would someone deserve many chances?
Motion was yesterday, it was not adjourned. The respondent did not show up or file anything so the judge went ahead and imputed income, ordered child support, section 7’s and ordered him to get life insurance to cover his child support obligations
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Old 10-29-2019, 12:52 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by Selfrepmom View Post
Motion was yesterday, it was not adjourned. The respondent did not show up or file anything so the judge went ahead and imputed income, ordered child support, section 7’s and ordered him to get life insurance to cover his child support obligations
WHOA.

That's amazing!! Congratulations.

well-fucking-done.

break it down for us. I'm curious as hell as to what a judge says to the party that actually shows. Did she/he say anything to you? Commentary?
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