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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 01-10-2019, 09:10 AM
Nadia Nadia is offline
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Default DRO case conference

We have a Dispute Resolution Conference scheduled for tomorrow at 9.30am. I served and filed my case conference brief on January 2, 2019. But as of yet have not received any materials from the opposing party. Four days ago I wrote to the OP asking them if they needed more time to serve/file their materials. Prior to faxing the confirmation to the court house I asked the OP if they wanted to adjourn to another date. This morning I emailed the OP again and asking if they were planning to attend the DRO. Checked with the court house this morning to see if everything was going to proceed and was informed yes. The whole purpose of attending court tomorrow was to try and reach an agreement on what we could and avoid prolonged and costly litigation.

My question is what should I expect tomorrow and how can I best prepare if the opposing party has not not filed a response? Is the DRO automatically adjourned if the OP decides not to show up? Are there any procedural orders that I can request like financial disclosure?

Last edited by Nadia; 01-10-2019 at 09:12 AM. Reason: Grammar
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Old 01-10-2019, 09:41 AM
StillPaying StillPaying is offline
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My ex didn't file a cc brief either. Expect them to show up and ask for an adjournment. Depending on your situation, you can agree to adjourn or proceed with your case, to motion or settlement conference.

Tomorrow you'll ask for any procedural orders of disclosure etc that you need. If you can agree on any orders, those will be done too. And make sure your next steps are scheduled. The cc is more for quick reviews to ensure everything is right. At the settlement conference, the judge will focus more on settlement.
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Old 01-10-2019, 09:42 AM
rockscan rockscan is offline
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DRO conferences do little as they have no "teeth" to them. What will more than likely happen, if your opposing party shows up, is that the DRO will listen to you both, give you some insight and advice on what would be expected should you move forward and possibly tell you both to file specific information.



You should expect to set up a case conference for the next appearance or if the other party doesn't show up or file materials, look into a motion to move it forward. But that advice is with no knowledge on what you are seeking.
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Old 01-10-2019, 09:50 AM
StillPaying StillPaying is offline
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Quote:
Originally Posted by rockscan View Post
You should expect to set up a case conference for the next appearance
Unless you're ok with delaying the case, don't book another cc at a cc.

Next steps should be either a motion date or a settlement conference date.
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Old 01-10-2019, 10:08 AM
StillPaying StillPaying is offline
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Quote:
Originally Posted by rockscan View Post
DRO conferences do little as they have no "teeth" to them.
I believe new applications are scheduled with a cc judge, but most mtc applications are scheduled with a cc DRO unless requested otherwise. Either way, a cc is a cc and you don't need to do it twice.
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Old 01-10-2019, 10:13 AM
rockscan rockscan is offline
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Quote:
Originally Posted by StillPaying View Post
I believe new applications are scheduled with a cc judge, but most mtc applications are scheduled with a cc DRO unless requested otherwise. Either way, a cc is a cc and you don't need to do it twice.


DRO conferences donít always involve a judge. It is technically a case conference but to get an order for disclosure, a DRC canít always do that. My fiancť did one and it resulted in a waste of time and money.
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Old 01-10-2019, 10:16 AM
Nadia Nadia is offline
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Quote:
Originally Posted by rockscan View Post

You should expect to set up a case conference for the next appearance or if the other party doesn't show up or file materials, look into a motion to move it forward. But that advice is with no knowledge on what you are seeking.
The Case conference is related to Motion to change child support. Filed Motion to Change on November 6. The opposing party filed response on the last day possible - December 6. As part of his response OP finally shared his NOA which indicated OP was earning significantly more and should have adjusted CS every year over the past three years. OP refused to provide their NOA over the last 4 Years despite repeated requests in writing and existing Order. Only received this financial information after filing Motion to change Child Support. Have reached out to OP to at least consider adjusting current support but no response. There are other issues related to section several expenses which also need to be addressed.

In short I am seeking an adjustment to child support based on what OP admits he should be paying and second contribution towards section seven expenses.

Last edited by Nadia; 01-10-2019 at 10:18 AM.
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Old 01-10-2019, 10:24 AM
StillPaying StillPaying is offline
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Quote:
Originally Posted by rockscan View Post
DRO conferences donít always involve a judge. It is technically a case conference but to get an order for disclosure, a DRC canít always do that. My fiancť did one and it resulted in a waste of time and money.
Maybe someone else can step in here, as I don't think I'm explaining it right. If it's technically a case conference, then it's a cc. It's to ensure everything is moving in the right direction, procedural orders and agreements done... Although a judge isn't running it, a judge is available to sign off on it. Whether it's a 2 minute wait or 2 hours, a judge will sign off on it.

I understand your fiance had a bad experience, and doesn't mind the delay, but you could have and should have scheduled your next steps at the cc; not wait a year for the ex to file something then blame it on the dro.
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Old 01-10-2019, 10:26 AM
Nadia Nadia is offline
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I was under the impression that Case conference provided an opportunity whereby if parties agreed, they could file a consent motion. If there is no disagreement over the fact that OP should have be paying more in CS then he currently is. As in he states in his response that he accepts he is supposed to be paying X amount based on his current income of X amount. Is it reasonable to assume the next step would be to simply agree to file a consent order and use the DRO to do that.

I guess what I need to do is write out what I want to present tomorrow. In terms of this is what is undisputed and this is what is disputed.


Still paying - I was also told by the clerks office that it isnít necessary to have another case conference and one can move on directly to a motion hearing g after the DRO. If all goes pear shaped and nothing is agreed upon, can I request next steps - as in permission to proceed to a motion hearing?

Last edited by Nadia; 01-10-2019 at 10:31 AM.
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  #10  
Old 01-10-2019, 10:27 AM
StillPaying StillPaying is offline
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Quote:
Originally Posted by Nadia View Post
. OP refused to provide their NOA over the last 4 Years despite repeated requests in writing and existing Order.
This is the "blameworthy" conduct that should allow a judge to go back past 3 years and order arrears.
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