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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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  #11  
Old 09-11-2019, 02:53 PM
Selfrepmom Selfrepmom is offline
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Update:

Forked over $300 and spoke to a lawyer to make sure I am on the right path.

After looking over my material she had no issue supporting my original thoughts to ask for an order to impute income at $40,000 along with an order for CS, arrears and s7’s based on that.
She said do not mention “final order” or “summary judgement” in my material. Just ask for an order, and let the judge decide whether they want to make it temporary or final. Her thoughts behind this- my motion date I have is only for a short motion. Long motion dates are few and far between. If I start throwing around the words “final order” and “summary judgement”, the Justice will automatically want to put my matter over until the next available long motion date (aka god only knows when). She seems to think I have enough evidence, and as long as I stick to the main facts and don’t over-confuse things, the Justice will be willing to hear it at my upcoming motion date.
Other points she made that were helpful:
- There is a chance that they won’t deal with arrears at this motion, because that is something that can take time. She made a great point though that if the Justice does dismiss the portion of my motion for arrears based on this, to at the end stand up and politely ask the Justice to clarify that I am still allowed to bring forth the issue of arrears at trial (this makes sure that it is on the record as being allowed, otherwise I could screw myself for arrears in the future)

- To include a clause that the Respondent must secure life insurance with me as the IRREVOCABLE beneficiary (to cover CS in the event he dies)

-That if I am only granted a temporary order, to motion (14b) for more disclosure including my ex’s current partner’s banking info (as it seems he is running all his self employment income through her)


At the end of our meeting she complimented me on my self rep work thus far. She said that she was impressed with my material and level of organization and knowledge.

Such a relief to know I am on the right track. Now off to finalize my motion material and serve it on my ex.

Thank you all for your continued knowledge and words of wisdom. I will keep you updated.
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  #12  
Old 09-11-2019, 03:00 PM
Mom 2 Two Mom 2 Two is offline
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That’s great news!!! Perhaps this will be my hurdle with my arrears as well. The arrears part. The judge did tell us it’s a triable issue on arrears. Except my lawyer seems to think summary judgement is in order.


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  #13  
Old 09-11-2019, 03:06 PM
Selfrepmom Selfrepmom is offline
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Yes she said arrears usually take more time because the judge likes to look back and see why it wasn’t paid to begin with, when the recipient began asking for payment, etc etc.
She said still ask for it, but be prepared to not get anything on the short motion.
She seemed to think that ongoing CS based off of the $40,000 and s.7’s will be a home run for me though. Just a question of whether it will be a temporary or final order.
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  #14  
Old 09-11-2019, 03:12 PM
Selfrepmom Selfrepmom is offline
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I understand that especially in cases where someone is asking for arrears based on failure to update that it could get confusing on how far to go back, when updates were asked for etc.
I’m hoping my issue is a little more clear cut though:
1) Resp stopped paying CS
2) Applicant asked for CS
3) Resp refused
4) Repeat steps 2&3 x2
5) Applicant filed for CS
6) Resp has failed to provide any reason (medical or otherwise) to show why he was unable to pay CS

All in the matter of 6 months
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  #15  
Old 09-25-2019, 09:53 AM
Selfrepmom Selfrepmom is offline
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Update #2:

Offer to settle has been submitted to my ex. I decided to do two offers to give him options, although he will probably ignore both.

Offer one : Retroactive set at 15% of the amount I am asking for in my motion, CS moving forward based on the imputed amount I am asking for in my motion

Offer two: Retroactive set at 72% of the amount I am asking for in my motion (motion based on imputed income of $40,000, offer based on a minimum wage income of $30,000) and CS moving forward based on an income of $30,000

Motion scheduled for next week
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  #16  
Old 09-25-2019, 10:00 AM
iona6656 iona6656 is offline
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Nicely done.

Have your offers on a separate document- 3x copies ready on the motion, just in case he feels like marking it up- and then you have a copy to hand up to the judge.

I can't remember- does your ex have a lawyer?
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  #17  
Old 09-25-2019, 10:09 AM
Selfrepmom Selfrepmom is offline
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He did but she removed herself as counsel after our Settlement Conference/ after his 30 day disclosure order was up and he still hadn't fully disclosed
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