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  • Judge’s Endorsement

    My motion for CS last month was adjourned. The Respondent showed up with nothing filed, not even a confirmation, so the judge gave him another month to get his shit together.

    In his endorsement he wrote “Matter adjourned to ***** 2019 peremptory upon the Respondent”

    I filed my confirmation for our new motion date at the last possible minute. I did this on purpose- I still haven’t received any sort of response or confirmation from the Respondent and wanted to make sure he actually didn’t file anything.
    Well lo and behold I checked while at the courthouse and he has filed nada. Our new motion is next week and he is now past all timelines to file anything.

    Does this mean that the judge will go ahead and make a ruling without him, even if he comes? If he walks in his response will they allow that? I am kind of under the impression that this was his “final warning” but I don’t want to be too optimistic
    Would it be a good idea to come with printouts of all offers to settle and attempts at communicating with him via email over the past few months asking him if he is filing a response etc?

  • #2
    Absolutely come with all your materials in triplicate. Organize them in a binder- and have them chronologically to pass to the judge.

    I would type up a chronology of your matter too. Make it as short as possible- in case the judge wants to know what happened. You can pass it up- and explain if necessary. But it should be really easy to follow. Make it a chart with the event in the left hand column and the attendees in the middle- and the presiding judge on the right. It might be a good idea to put in a succinct "Ordered" column as well- to show how many times he was given an adjournment.

    The judge will want to see how many times you went to court.

    It seems like with self-reps- family court will let things be walked in.

    Comment


    • #3
      I wouldn’t be surprised if it was delayed again. I have been waiting for almost eight years for a child support and s7 order for my oldest child who has now graduated from College. The children do not come first in family court!

      Comment


      • #4
        So damn true. Kids don't come first in family court. Only lawyers do.

        Comment


        • #5
          Be prepared for a second adjournment as they usually get a few chances to submit their paperwork.

          Comment


          • #6
            Originally posted by Lemongirl View Post
            Be prepared for a second adjournment as they usually get a few chances to submit their paperwork.
            Normally that’s what I prepare myself for. But the fact that the judge gave him a big scolding for not filing anything last time and wrote on the endorsement that this adjournment is “peremptory upon the Respondent” (aka last and final chance/he is no longer allowed to adjourn) has me hoping otherwise.
            So it sounds like the motion is going ahead with or without his filings. I just wonder if the judge would allow him to walk in his response though....

            Comment


            • #7
              Originally posted by iona6656 View Post
              Absolutely come with all your materials in triplicate. Organize them in a binder- and have them chronologically to pass to the judge.

              I would type up a chronology of your matter too. Make it as short as possible- in case the judge wants to know what happened. You can pass it up- and explain if necessary. But it should be really easy to follow. Make it a chart with the event in the left hand column and the attendees in the middle- and the presiding judge on the right. It might be a good idea to put in a succinct "Ordered" column as well- to show how many times he was given an adjournment.

              The judge will want to see how many times you went to court.

              It seems like with self-reps- family court will let things be walked in.

              Thanks! Great idea

              Comment


              • #8
                Originally posted by Lemongirl View Post
                Be prepared for a second adjournment as they usually get a few chances to submit their paperwork.
                Why is this? it's not like it helps with the court system. Why would someone deserve many chances?

                Comment


                • #9
                  Originally posted by gettingexpensive View Post
                  Why is this? it's not like it helps with the court system. Why would someone deserve many chances?
                  Motion was yesterday, it was not adjourned. The respondent did not show up or file anything so the judge went ahead and imputed income, ordered child support, section 7’s and ordered him to get life insurance to cover his child support obligations

                  Comment


                  • #10
                    Originally posted by Selfrepmom View Post
                    Motion was yesterday, it was not adjourned. The respondent did not show up or file anything so the judge went ahead and imputed income, ordered child support, section 7’s and ordered him to get life insurance to cover his child support obligations
                    WHOA.

                    That's amazing!! Congratulations.

                    well-fucking-done.

                    break it down for us. I'm curious as hell as to what a judge says to the party that actually shows. Did she/he say anything to you? Commentary?

                    Comment


                    • #11
                      Originally posted by iona6656 View Post
                      WHOA.

                      That's amazing!! Congratulations.

                      well-fucking-done.

                      break it down for us. I'm curious as hell as to what a judge says to the party that actually shows. Did she/he say anything to you? Commentary?
                      Here’s the breakdown

                      https://www.ottawadivorce.com/forum/...ad.php?t=22801

                      Comment

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