Update: had my first case conference on August 14th, 2013.
Judge ordered my ex. to provide full disclosure. judge also recommended that we discuss issue of over night access. I proposed a 50-50 access schedule, and gave them a week time to accept my offer and produce the disclosure ordered by the judge otherwise I would do fast motion.
Background: We have been separated for a year, I originally asked for disclosure in December, they said all disclosure was already provided, which of course wasn't. They were then given a notice in February that if they don't provide full disclosure we will do case conference and seek an order for disclosure (which happened on august 14th, they said they don't need to provide all that I asked for, the judge disagreed and made the disclosure order).
Now ex's lawyer saying that one week time not enough, and typically 30 days are given.
In summary, first they said in an email that everything was already provided (February 22nd), then in court they said they don't need to provide all disclosure I was asking for (august 14th) and now that an order is made, they are saying they need 30 days. Furthermore, they are saying if i don't give them 30 days they will seek my ex's costs if I did motion prematurely.
My Argument: I have been waiting for the disclosure since December, gave them plenty of time, and notices that if disclosure is not provided will ask for it case conference. My ex doesn't give child or spousal support, or pay for child care expenses etc. they have been withholding information and not making payments, yet lied in court saying that they have been cooperative and have provided child support regularly.
Question1: Will their argument hold up in court if they say i didn't give them enough time (last time I asked for disclosure back in february, then court ordered on August 14th) to get all the documents and therefore they are correct in seeking my ex's cost for fast motion?
Question2:How do I do fast motion. What forms do I need, and in which order do i need to file or serve them?
Question3: Is there a difference between motion and fast motion?
Judge ordered my ex. to provide full disclosure. judge also recommended that we discuss issue of over night access. I proposed a 50-50 access schedule, and gave them a week time to accept my offer and produce the disclosure ordered by the judge otherwise I would do fast motion.
Background: We have been separated for a year, I originally asked for disclosure in December, they said all disclosure was already provided, which of course wasn't. They were then given a notice in February that if they don't provide full disclosure we will do case conference and seek an order for disclosure (which happened on august 14th, they said they don't need to provide all that I asked for, the judge disagreed and made the disclosure order).
Now ex's lawyer saying that one week time not enough, and typically 30 days are given.
In summary, first they said in an email that everything was already provided (February 22nd), then in court they said they don't need to provide all disclosure I was asking for (august 14th) and now that an order is made, they are saying they need 30 days. Furthermore, they are saying if i don't give them 30 days they will seek my ex's costs if I did motion prematurely.
My Argument: I have been waiting for the disclosure since December, gave them plenty of time, and notices that if disclosure is not provided will ask for it case conference. My ex doesn't give child or spousal support, or pay for child care expenses etc. they have been withholding information and not making payments, yet lied in court saying that they have been cooperative and have provided child support regularly.
Question1: Will their argument hold up in court if they say i didn't give them enough time (last time I asked for disclosure back in february, then court ordered on August 14th) to get all the documents and therefore they are correct in seeking my ex's cost for fast motion?
Question2:How do I do fast motion. What forms do I need, and in which order do i need to file or serve them?
Question3: Is there a difference between motion and fast motion?
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