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  • Ex trying to re-scheduling a CC

    My ex is stalling at every turn. He never attended MIP, he hasn't provided his NOA's, will not return his own lawyers calls, but yet, his lawyer claims he is still retained.
    Our CC is scheduled for this Friday. Today is Monday. His lawyer is lighting up my phone leaving messages to "talk" about the upcoming CC.
    Ive been letting it go to voicemail until I can find out this answer.....Can I (self-rep'ed) deny his request to cancel?
    Someone please help ...quick!!! Thanks in advance.

  • #2
    you should get some technical answers on the whys and hows but my experience as little as it may be:

    delays, not abiding by the judge's orders and judge's really not giving it too much anything as in a way of telling you that most things are treated without much retribution for not "getting things done, getting it done on time - even handing things at the hearing are all accepted". Technically the judge would not prevent one of the spouses from having their moment in court for failure to meet any of the document requirements. I would imagine it would take a very long time, and many defaults before warnings might have any bite to them. It is something that is just accepted as "long as you are not truly harmed" as not worth your energy. just do your thing, meet your time guideline for which ever step you are on and eventually your ex will pay the cost of not "keeping up". One thing I would note in my experience - the judge will always allow the other party "what they want to do so as they are not harmed by not getting the documents "on time" so in the end you get the call to continue or ask for a reschedule even if it is to the last item the judge will hear that day if you need some time to look over any of those last minute submissions - so you are not harmed by the other party's BS GAMES.

    I would think eventually you would eventually be allowed to ask for costs incurred due to those delaying actions assuming you are successful in the courts?? try your best not to let the games played get to you - it is after all what they are after IMHO..... (hope I worded things well enough for you....)

    Comment


    • #3
      You could go to court and ask that he be assessed $$ for every day he does not comply with the orders. You have to simply request the judge attach a consequence for not obeying an order. If you don't get that then you're wasting your time. Deadlines are important.

      Comment


      • #4
        Thanks to both. ddol1....what do you mean by harmed? My daughter starts University in the fall and I have no CS from my ex for her. Can I ask the judge to make an order to at least make him start paying his regular Child Support....like now....and worry about the arrears during the CC processes? Can I request that, at the CC coming up this Friday even if my ex or his lawyer doesn't show?

        Comment


        • #5
          Can I (self-rep'ed) deny his request to cancel?
          Why does he want to cancel it?

          Can I ask the judge to make an order to at least make him start paying his regular Child Support
          If you are under a lot of financial pressure, it may be reasonable to insist that an Order on consent be made for guideline child support as a condition of the adjournment.

          The judge cannot make an order for child support that isn't on consent. However, sometimes they do - and, procedure wise, there isn't much that can (practically) be done.

          if my ex or his lawyer doesn't show?
          If neither show up, ask for what you want; worst comes to worst, you don't get it for now.

          Make sure you file a confirmation.

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          • #6
            Make sure you file a confirmation.
            OP....don't ignore this tidbit of info

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            • #7
              I just received an email from his lawyer asking adjourn our CC to a later date as my ex still doesn't have his "proper" paperwork. The lawyer will not be able to attend but will be sending an assistant in his absence requesting more time if we do not consent to re-schedule.
              My ex is Mensa....an IQ off the charts is making over 150,000 a year, has NPD.
              (Narcissistic Personality Disorder)....he knows exactly what he is doing and has had no reason to stall or hand in the "wrong paperwork" as his lawyer has put it. He is playing this to the bitter end and unfortunately it seems who has the most money wins.....It has got him by for the past 50 years.
              In my Ex's Answer, he acknowledged that he owes support....he also acknowledged on his Financial form that he was 24,000 in arrears....will that be enough to put before the judge to get at least a temporary order for some CS?
              I have filed and served all my paperwork for the CC including my 14C. Is that what you meant by CONFIRMATION? or is there something I am missing?

              Comment


              • #8
                has NPD. (Narcissistic Personality Disorder).
                Has he been officially been diagnosed with this?

                He is playing this to the bitter end and unfortunately it seems who has the most money wins.....It has got him by for the past 50 years.
                That might be so, and how much longer are you prepared to keep dancing to his Conga beats?

                Is that what you meant by CONFIRMATION?
                Yes it is

                Each party must also file a confirmation (Form 14C) not later than 2 p.m. two days before.

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                • #9
                  No not Officially, his sister in law is a Psychologist and has "unofficially" diagnosed him.
                  I have no choice but to keep going...I've got a daughter that is starting University and have drained my rrsp's to keep us a float this long. I am only asking the tabled amount, special expenses and nothing more.
                  Where is the justice?

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                  • #10
                    I've got a daughter that is starting University
                    Have you applied for OSAP? Your daughter will be required to contribute a portion if she holds a part-time job. (she should anyway like most students that have their stuff together and have been brought up well)

                    Where is the justice?
                    Yes...we don't want to go down that Rabbit hole (figure of speech), we can be here all day

                    Comment


                    • #11
                      Apparently, because her father will not provide his NOA's she is not eligible for OSAP based on his income

                      Comment

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