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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 07-06-2008, 01:10 AM
Alentia Alentia is offline
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Default Court Orders, Undertakings time frame...

Since last time I have posted, I was busy doing questioning and filing (and adjourning) motions.

Questioning is now done. I have filed a motion to strike her pleadings due to failure to comply with court order to disclose information by certain time and to obtain permission to travel with my son outside of the country. Strike pleading motion was rescheduled for scheduled motion, however I have won motion for travel permission.

Now, I have lots of questions and I hope someone has answers.

1. Her lawyer had finally submitted response just before the motion (now adjourned) date, but it was 2 months overdue and was complete "garbage", signed by her lawyer's assistant and providing only 3 documents and multiple absurd answers. During scheduled motion hearing will judge consider response "as completed" or her failing to obey the court order?
How do I fight "garbage" respose? With an affidavit outlining every paragraph as being "garbage"?

2. I had questioned her for 1 and 1/2 days on two diferrent occasions. She undertook to provide documents and/or answers. What is the time frame set for undertaking to be provided?

3. I won the motion and was awarded with "$200 payable now". 10 days passed I got nothing from her. What should be my next step to enforce it or to continue to build the case considering she is conntiously defaults on court orders?

4. I need to create an order, that I have done. But, I think I suppose to draft consent or something else to be signed by OCL, her and her lawyer and myself before I put the order before court clerk. What form should it be done on?

5. Her financial statement is year and a half old and new one was never provided even though been asked before on several occasions. During questioning she addmitted obtaining new credit card. Is there "rule" if such change happened she must provide updated financial statement for next motion or court date and how it is enforced?

6. For motion date i have written: File supporting documents 20 days before, file reply15 days before, file response 5 days before. Since it's adjourned motion and cross motion. Should we both file documents 3 times: 20 days for application, 15 days for reply and then 5 days for response to reply?

Help will be appretiated.
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