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  • #16
    We go to court to let a judge decide, which can only happen at a motion or trial. Unless urgently needed, a case conference must be completed first.

    So we file an Application or Motion to Change.
    Then have first appearance and schedule cc with DRO or judge.
    Regardless of which CC we do, as long as the cc was complete we can move forward to motion or trial.
    If another cc is booked, we can't move forward yet.
    If more time is needed before trial, a SS can be booked at the cc.
    However once a cc is complete, a motion can be brought to address the issues.

    Depending on the issues and how important the court order is to you will determine which steps you take, and whether you want to delay.

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    • #17
      You have to have a conference before anything else and for the most part a DRC is not considered a conference.

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      • #18
        Originally posted by rockscan View Post
        You have to have a conference before anything else and for the most part a DRC is not considered a conference.
        A case conference with a DRO is still a case conference. There is no difference, especially in HM's case. It's not with a judge, but the same cc orders can be made and will be signed off by a judge.

        Don't book another cc!

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        • #19
          This is all so confusing lol I'm trying to keep up with everyone and the advice I'm receiving.
          Is it significant at all that we continue to have 50/50 and this was all settled and agreed upon in mediation?

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          • #20
            Or does it matter at all that she hasn't filed her response to our motion?

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            • #21
              Go to the DRC. Seek out advice from the person overseeing your DRC. Once you have that under your belt you will have a better idea of next steps.

              Even if she agreed in mediation, unless you have a signed agreement you are still at square one.

              Your DRO may be better than the one my partner had or they may be the same. Hard to say until you go.

              Follow your lawyers advice if you have one. Otherwise, see what happens at the DRC and go from there. If the ex continues to refuse you will need to get a judge to decide.

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              • #22
                Originally posted by History_major View Post
                Is it significant at all that we continue to have 50/50 and this was all settled and agreed upon in mediation?
                Or does it matter at all that she hasn't filed her response to our motion?
                This should make your simple motion a lot easier. Either way, ask for a settlement conference, motion or trial, not another case conference.

                My case is similar to yours, where we continue to pay too much while the other side only wants to delay the inevitable. I believe Rocksan's partner started paying what he believes to be the proper amount and therefore has no rush to get to a resolution.

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                • #23
                  Originally posted by rockscan View Post
                  Follow your lawyers advice if you have one. Otherwise, see what happens at the DRC and go from there. If the ex continues to refuse you will need to get a judge to decide.
                  If an agreement can be made, great, but HM should go into the conference with a clear understanding of what it is and what the next steps should be. This can avoid unnecessary delays.

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                  • #24
                    Originally posted by StillPaying View Post
                    I believe Rocksan's partner started paying what he believes to be the proper amount and therefore has no rush to get to a resolution.


                    No he hasn’t been able to. He’s with FRO and they only accept what was in the previous order. Ex disagrees with that amount and what the table amount is for a kid away at school. His case is easily settled if his ex would accept the law. She refuses and also refuses to accept what she is and isn’t entitled to. DRO even told her what is wrong in her arguments and filings, she disagrees. If she refuses to cooperate at the sc, then the lawyer will file for a motion to decide the financial issues.

                    We have no idea why the ex is delaying. There is constantly an excuse. I have a feeling the reasons are she can claim expenses that have no receipt because of the length of time and also to see what kid 2 has planned for school. Either way the delay benefits my partner because he continues to accrue interest on the money he has set aside but it also stresses him out because he wants a decision made to stop this madness.

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                    • #25
                      All conferences (case, settlement, trial), whether by DRO or judge, are great for getting a judge's opinion on your issues. However, as you know, the parties don't have to follow the opinions.

                      This is why you should always have your next court date booked at each step. Motion and/or trial is the end game; get a final order. Each conference may give you a different opinion, but it's the motion judge that matters.

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                      • #26
                        Originally posted by StillPaying View Post
                        All conferences (case, settlement, trial), whether by DRO or judge, are great for getting a judge's opinion on your issues. However, as you know, the parties don't have to follow the opinions.

                        This is why you should always have your next court date booked at each step. Motion and/or trial is the end game; get a final order. Each conference may give you a different opinion, but it's the motion judge that matters.
                        Excellent advice!

                        Too much dicking around with 4-ways/conferences is but a stalling tactic IMO.

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