I wanted to share my experience, getting scammed out of our long motion, and ask for help with regards to disclosure.
I started the MTC to decrease support as per the review in our final order. At the DRO CC, my ex didn't file anything and was looking to adjourn. I explained my financial hardship situation and need to get to a motion asap, as FRO was starting to come after me. (As of review date, I stopped ss and kept paying the same cs)
They asked for disclosure from my accident settlement in return they would agree to suspend SS from review date until December 2018. Ex's lawyer wrote an agreement and I crossed out and made changes to it. Specifically that they could have all info related to my settlement but not my complete file like he was asking for. He said he was going to make the changes but came back with another copy of the original letter with my concerns noted on the side. He asked me to sign it with my ex's previous lawyer as my witness, saying he needed time to come up with the right words. DRO got a judge to sign off on it, but I specifically brought the issue up with DRO saying this is a delay tactic, that I should be signing a proper authorization letter now... but DRO just said, maybe he needs time to find the right words.
We scheduled a SC for January, with the understanding that I would bring a motion before that, which is why they only suspended SS until December. Ex's lawyer was claiming he's new to our file, so I agreed to give them 30 days before filing my motion and that I would do a long motion so we could be sure to have enough time to address everything. It was all agreed to, but only verbally.
I emailed ex's lawyer that day confirming what we talked about, waiting 30 days and then filing a long motion. Later he emailed factum requirements to me and I replied that the trial coordinator confirmed we could get on the November trial sittings for a long motion. 30 days later, I booked the date and served and filed all my material. A month later, after their marital was due, ex brought a 14b motion asking to adjourn our long motion which was denied. Exs lawyer then emailed me asking for an extension to file their material, and I agreed. A few hours later, I got a call from the trial coordinator saying ex's lawyer is there saying he never agreed or knew about this long motion, and she had to take us off the list.
She told me to file a 14b motion going back to the same judge to confirm whether his denial to adjourn meant that the long motion could continue as planned. I did that on Halloween. Now I just got the response that we missed the Nov sittings, this is not on consent, and I have to pay $500 costs. Such a scam.
I'm not sure what to do now, but I think I'll wait for our January SC and ensure I get a motion scheduled. My next issue is with their disclosure request.
Final order says exs only interest in my settlement is with regards to the future income replacement portion, so their only play is that everyone must be lying and I must have taken less income for more support. Leading up to our first trial, my ex constantly tried to get my full accident file which was always denied by the judge saying she only has a need for all financials.
I've given authorization for them to access all financial info and all info related to the settlement including communications, offers, negotiations, etc. But they again claim to need my full file from 2008 to 2015, including medical, psychologist, etc in order to determine my settlement.
I have nothing to hide so I'm not sure what to do. The info is irrelevant to my financials and was denied many times before. My only guess is that this is either another delay tactic or she's trying to go fishing for something to go after access... I'm not sure.
If I refuse to give it, it will just be used against me, since they're trying to say I agreed to it at the CC, and we will just be delayed longer. If I release my full insurance file, they can't say I'm hiding anything and can't delay.
Should I just release it or is there some reasons I'm not seeing on why this could be opening pandora's box?
I started the MTC to decrease support as per the review in our final order. At the DRO CC, my ex didn't file anything and was looking to adjourn. I explained my financial hardship situation and need to get to a motion asap, as FRO was starting to come after me. (As of review date, I stopped ss and kept paying the same cs)
They asked for disclosure from my accident settlement in return they would agree to suspend SS from review date until December 2018. Ex's lawyer wrote an agreement and I crossed out and made changes to it. Specifically that they could have all info related to my settlement but not my complete file like he was asking for. He said he was going to make the changes but came back with another copy of the original letter with my concerns noted on the side. He asked me to sign it with my ex's previous lawyer as my witness, saying he needed time to come up with the right words. DRO got a judge to sign off on it, but I specifically brought the issue up with DRO saying this is a delay tactic, that I should be signing a proper authorization letter now... but DRO just said, maybe he needs time to find the right words.
We scheduled a SC for January, with the understanding that I would bring a motion before that, which is why they only suspended SS until December. Ex's lawyer was claiming he's new to our file, so I agreed to give them 30 days before filing my motion and that I would do a long motion so we could be sure to have enough time to address everything. It was all agreed to, but only verbally.
I emailed ex's lawyer that day confirming what we talked about, waiting 30 days and then filing a long motion. Later he emailed factum requirements to me and I replied that the trial coordinator confirmed we could get on the November trial sittings for a long motion. 30 days later, I booked the date and served and filed all my material. A month later, after their marital was due, ex brought a 14b motion asking to adjourn our long motion which was denied. Exs lawyer then emailed me asking for an extension to file their material, and I agreed. A few hours later, I got a call from the trial coordinator saying ex's lawyer is there saying he never agreed or knew about this long motion, and she had to take us off the list.
She told me to file a 14b motion going back to the same judge to confirm whether his denial to adjourn meant that the long motion could continue as planned. I did that on Halloween. Now I just got the response that we missed the Nov sittings, this is not on consent, and I have to pay $500 costs. Such a scam.
I'm not sure what to do now, but I think I'll wait for our January SC and ensure I get a motion scheduled. My next issue is with their disclosure request.
Final order says exs only interest in my settlement is with regards to the future income replacement portion, so their only play is that everyone must be lying and I must have taken less income for more support. Leading up to our first trial, my ex constantly tried to get my full accident file which was always denied by the judge saying she only has a need for all financials.
I've given authorization for them to access all financial info and all info related to the settlement including communications, offers, negotiations, etc. But they again claim to need my full file from 2008 to 2015, including medical, psychologist, etc in order to determine my settlement.
I have nothing to hide so I'm not sure what to do. The info is irrelevant to my financials and was denied many times before. My only guess is that this is either another delay tactic or she's trying to go fishing for something to go after access... I'm not sure.
If I refuse to give it, it will just be used against me, since they're trying to say I agreed to it at the CC, and we will just be delayed longer. If I release my full insurance file, they can't say I'm hiding anything and can't delay.
Should I just release it or is there some reasons I'm not seeing on why this could be opening pandora's box?
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