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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 05-14-2019, 10:16 AM
Selfrepmom Selfrepmom is offline
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Default Do I Have to Wait?

Received order at SC which gave ex 30 days to supply a bunch of disclosure including 12 months of bank statements from all accounts.

Most disclosure was provided but bank statements were not. 30 days were up a week ago. 2 emails to ex’s lawyer, no response.

I want to file a motion for contempt but the judge at our SC wrote on his endorsement that I am not allowed to bring any motions until June 15th (no clue why, I asked one of the clerks at the courthouse about this a couple of weeks ago as I wanted to file a motion for s7’s. She looked dumbfounded over why the judge would put that, but said that I had to abide by it)

Do I now just have to sit and twiddle my thumbs for another month while my ex is in direct contempt of the order? I knew this was going to be a process but MAN this is frustrating- I was expecting delays from my ex, but wasn’t expecting to have road blocks thrown at me by the freaking judge.

No child support for two years and now I’m stuck paying for the entire summer care costs for our daughter until I (someday?) get proper disclosure and an order for support and s7’s
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Old 05-14-2019, 01:23 PM
StillPaying StillPaying is offline
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If it's urgent, you could do a 14b motion asking the same judge for permission to bring a motion earlier but it looks like you'll have to wait.

I'm not sure if contempt is the way to go. You've asked for the disclosure and its been ordered. I wouldn't delay anymore and just continue with your case at a regular motion/trial. Whatever you think his income is, quadruple it and ask for it to be imputed. He'll have to disclose then. Do you already have a TMC date?
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Old 05-14-2019, 02:29 PM
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Was there a reason the judge gave for the wait? Any discussion or instructions for your ex?
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Old 05-14-2019, 02:52 PM
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I would speculate that the judge is merely giving your ex a good length of rope to hang himself with....

Waiting game in family court is infuriating.
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Old 05-14-2019, 02:58 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by rockscan View Post
Was there a reason the judge gave for the wait? Any discussion or instructions for your ex?
Order was just for ex to supply a whole list of different documents in 30 days, no further instructions.

Although I JUST got out the endorsement sheet and re-read it (it’s chicken scratch)... but this is EXACTLY what it says:

“1) App may bring motion for child support after June 15/19 and after she has provided birth certificate of child to Resp “

So..... a motion for contempt or a motion for s7’s actually wouldn’t fall under this? Should I just forget the contempt though and push to trial?


@StillPaying.... I like your style lol
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Old 05-14-2019, 03:17 PM
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See and heres my thought...it doesn’t say file. It says may “bring motion”. Im wondering if it was meant that your court date must be after June 15. You may have walked out of there and gone to the coordinators office and gotten a date before the 15th (hahahaha) but that part stops that and ensures he has the full 30 days to comply.
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Old 05-15-2019, 08:06 AM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by rockscan View Post
See and heres my thought...it doesn’t say file. It says may “bring motion”. Im wondering if it was meant that your court date must be after June 15. You may have walked out of there and gone to the coordinators office and gotten a date before the 15th (hahahaha) but that part stops that and ensures he has the full 30 days to comply.
Even if that is true, that still gives him more than 60 days to comply before I can get anything heard in front of a judge. Ah well, no point getting frustrated over things I can’t change.

So what is the general consensus? Just forget any motions, set TMC, push for trial hard, asking for max imputed income while throwing out occasional offers to settle at a slightly lower amount for income? I mean realistically I’ve been doing this without his financial input for 2 years pretty much, I can last another year if need be.
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Old 05-15-2019, 08:25 AM
rockscan rockscan is offline
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I would schedule a trial management conference and get a trial date. Its obvious he is not going to comply. At this point you have an excellent case with proof he is withholding info. You are following the judges orders by not filing a motion, you are simply moving the case along.

I still don’t understand why the judge said motion for support. Wasnt that what your original motion was for? My partners ex filed a MTC and then a motion for disclosure. The judge never said anything about other motions. Just that the disclosure one was not needed and then scheduled their sc.
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Old 05-15-2019, 10:00 AM
StillPaying StillPaying is offline
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It sounds like the judge agrees your ex's imputed income is too low and that you should be able to bring a motion to get another interim order for increased cs before trial. I would get your motion paperwork ready and serve/file it June 15th.

However, regardless of motions, you should always be moving towards trial and never leave court without your next date booked. If you don't have one, I would schedule your TMC now for the first date available following your motion.
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