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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

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Old 04-11-2019, 06:51 PM
StillPaying StillPaying is offline
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There are a lot of bad reviews with regards to (case, settlement, trial) conferences, but I wanted to share my experience.

Our final order had a review date July 2018. My ex was not interested in changing support so I filed a motion to change asking to terminate ss and lower cs. First appearance was in August and we scheduled our case conference for September.

Ex didn't file anything and asked to adjourn. I kept pushing my financial hardship/need to schedule a sc so a motion could be brought to address everything. I had no clue, but the DRO brought up how ex wasn't actually receiving my ss, as she is on ODSP, so it should be ok to drop it without prejudice. They wouldn't agree but he kept pushing and got them to suspend it for a month, until we could go to motion. SC was set for January.

In October, I filed everything for our scheduled long motion. Ex waited until last minute, then motioned to have it adjourned. This was denied, but then they just went to the trial coordinator's office and canceled it...

In January, we were assigned a case management judge for our SC. He ordered all the disclosure both sides needed and ordered the ss suspended until May, trial. TMC scheduled for April.

In April, ex didn't file anything and asked to adjourn again. They delayed requesting the disclosure they asked for, and because of that we had to move to November trial list. He scheduled another TMC/TSC for August. But then came the shocker... the delay was their fault and prejudiced me, so he imputed my income at the amount I requested ($20k less) and kept my ex at the current ordered full time $11/hour minimum wage amount. Plus ss suspension continued.

Despite the other side not agreeing, the judge totally flipped it around. Before my ex had all the control and only wanted to delay. Now I'm paying no ss and the lower amount of offset cs (there's about $100 difference in the amount I requested, which included ex's imputed income going up to the current $14/hour amount.

I've never had a lawyer, so I can't speak on them financially, but conferences are certainly not a waste of time and great orders do get made along the way.
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Old 04-12-2019, 10:24 AM
iona6656 iona6656 is online now
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Good for you. You must've had your stuff together and well organized- it's not easy to argue against adjournment after adjournment. Is your ex using a legal aid lawyer?
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Old 04-12-2019, 11:46 AM
StillPaying StillPaying is offline
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Depending on the reason, I think a motion would be the only thing I would agree to adjourn.

The system is set up to move you along each step in a "reasonably" timely manner. (Knowing an application can take 2-3 years and MTC 1-2 years) You should know the purpose of each step and what the next step should be. Each conference has a specific purpose, which usually has nothing to do with whether one side filed or is not ready. If they need more time, they'll get that while we're waiting for the next step.

The other reason you see a lot is when a SC is adjourned while still waiting for ocl report or similar. I still wouldn't adjourn, as lots of other issues and orders can still be made if needed.
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