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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 01-04-2021, 05:54 PM
TheLongRoad TheLongRoad is offline
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Default Question - Motion was Adjourned

So our motion today was Adjourned even after many years of trying to get the Respondent to adjust child support. The Child of the marriage is primarily with me (almost all the time) and the other has a higher income for many years. Now the Respondent dropped his lawyer over the Holidays and said he did not know what forms to fill out or turn in. The Judge adjourned the case and now we need to wait another 2 months.

Questions
1 With an Adjournment should I be submitting my documents again for the new court date? I want to modify them a little now that there are more months where the Respondent refuses to pay Child Support plus remove a few lines now that the Child of the Marriage is turning 18 by the time we get to court again. Yes the other Party keeps delaying hoping this will go away when our Child turns 18 yrs old.

2 The court (from the motion) wants to put in an order that the Respondent needs to reply by 26 Jan 2021 but if I need to resubmit I would then need to get them completed to give them time to respond? Would this not mean I need to resubmit again in February my Financial Statement since it will be more then 30 days old if I provide it to the other party within the next few weeks?

Thanks - Very frustrating.....
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Old 01-04-2021, 08:13 PM
rockscan rockscan is offline
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Default Question - Motion was Adjourned

Quote:
Originally Posted by TheLongRoad View Post
Questions
1 With an Adjournment should I be submitting my documents again for the new court date? I want to modify them a little now that there are more months where the Respondent refuses to pay Child Support plus remove a few lines now that the Child of the Marriage is turning 18 by the time we get to court again. Yes the other Party keeps delaying hoping this will go away when our Child turns 18 yrs old.
You dont have to provide an update as it is expected the cs continues at the rate of your amounts in the motion materials. It will simply stop at the specific date. Is your next date a case conference or a settlement conference? If it is a settlement you can provide an updated offer to settle. Otherwise I would wait until the next conference which is probably to go over his disclosure.

Sadly your child turning 18 doesnt make it disappear. Especially if your child continues into post secondary education. Keep that in mind.

Quote:
2 The court (from the motion) wants to put in an order that the Respondent needs to reply by 26 Jan 2021 but if I need to resubmit I would then need to get them completed to give them time to respond? Would this not mean I need to resubmit again in February my Financial Statement since it will be more then 30 days old if I provide it to the other party within the next few weeks?
Again, you dont necessarily have to resubmit if there hasnt been a significant change. As for your financial statement, you could provide an affidavit that there has been no significant change.

Really this is just an extension of time for your ex, not a new conference. The judge is giving them time to provide whatever they needed for the conference.


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Old 01-04-2021, 09:30 PM
TheLongRoad TheLongRoad is offline
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Sadly I started at a Settlement Conference where the Judge decided that Child Support Payments, Arrears and S7 should be done by a motion and gave an endorsement to move this there. Now the new Motion Judge thinks it should have not moved to a Motion level and was willing to give the Respondent time to file papers which now is stating to contest everything again. The Respondent also no longer agrees to the endorsement from the Settlement Conference where access was finalized.
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Old 01-04-2021, 09:44 PM
rockscan rockscan is offline
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Let him file his paperwork and go from there. Depending on what he provides you can make your case to the judge at the next appearance.


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