Settlement Conference and Motion

[maple_2009]

Hope I can get some advice here... (I self represent)

I will have a (first) settlement conference in one month. What I should prepare for this? I think my ex and her lawyer will discuss about spouse support and section 7 cost (private school) (in case conf, a order is made for child support already)

If nothing reached in SC, what will be next?

Another question is: can I bring a motion before SC?

Thanks a lot!

[Heart-broken dad]

There's an old saying that goes "the devil is in the details", well, the settlement conference is where you want to get all the details entered as far as child support, spousal support and extra expenses. It's the little things like: if your ex re-marries, do you have to keep paying her spousal support?

[justafool]

The next step is another settlement conf or a trial management conf. You can ask the judge to set a date for any motion you would like to bring at your settlement conf. Motions will be heard separately by a different judge.

Be prepared to discuss your case and make any reasonable offers of settlement to your ex at that time. Include any offers to settle in your conf brief

[maple_2009]

Thanks Both!

Justafool, do you know if I can bring a Motion before the SC? Thanks

[justafool]

yes you can. You can call a motion at any time after you've had your first case conf. Fill out an notice of motion and see the Registry Clerk to set a date. Attach an affidavit detailing reason and what you are asking for. Serve other party and file in required time periods

[maple_2009]

Thanks! This is really helpful

yes you can. You can call a motion at any time after you've had your first case conf. Fill out an notice of motion and see the Registry Clerk to set a date. Attach an affidavit detailing reason and what you are asking for. Serve other party and file in required time periods

[justafool]

Np but remember and this is important. Whenever you ask a judge for something in the form of a motion.... Always refer it to a law or a statute which apply to his powers as a Family Court Judge to grant it in accordance with. Some judges may try to help you to do this but most won't and will flat out deny the motion. Obviously The Family Law Act and Case Laws but also read The Family Law Rules of Procedures to make sure he has the power to grant your motion.

If your ex has broken any agreements Contract Law applies as well.

Be very meticulous and very specific as to exactly what you are asking for and why. Your wording is tremendously important