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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 10-29-2019, 10:21 AM
Selfrepmom Selfrepmom is offline
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Default Motion/Impute Success!!

So my motion is done! Not only did my ex not file anything (this was the adjournment date since he didnít file anything for the original date)..... he didnít even show. Which really surprised me.

Anyways, court was PACKED. And everyone was very tense- lawyers and duty counsel running around frantically and snipping back and forth at each other all morning. So Iím thinking great, my motion is going to get put over, and my ex is going to get ANOTHER crack at delaying this. I sit there for about 3 hrs and then this one duty counsel who always remembers me approached me and asks if my ex is there (no) and that she was going to try and sneak me in before the lunch break.

I managed to be the last person to get in front of the judge before their lunch break. He says to me ďI was going to stand your matter down but I looked over your material and have decided to take care of it today. Please have a seatĒ

He then proceeded to flip through my material and scribble stuff down in complete silence for about 5 minutes. He never once asked me anything. Then he looks up and says ďIíve granted your motion on your first 3 points in a temporary order. The remaining two- arrears and costs- I am going to put over until your next date with your case management judgeĒ

So I got CS based on an imputed income of $40,000, section 7s proportionate to income and collected by FRO every month, and an order that he has to get life insurance to cover his CS obligations. Itís not a final order, and I didnít get arrears dealt with, but I already expected that I would not get those two things on a short motion

In his endorsement the judge wrote that arrears and costs are to be dealt with at my next settlement conference, the date of which is to be booked by myself. Thing is, I already booked a trial management conference for myself. It is in December. Is there any point in going back to a settlement conference, or just go to my TMC and push for trial? Also, at this point, considering his lack of contribution would it be a good idea to ask to strike his pleadings at my next conference?
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  #2  
Old 10-29-2019, 10:40 AM
rockscan rockscan is offline
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Awesome!!!!

Hopefully you went right to signing up with FRO and they can start the collection immediately? Not that he will pay but by the time you make it to the next step he will be in a big hole that he wonít look good in.
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  #3  
Old 10-29-2019, 10:59 AM
Selfrepmom Selfrepmom is offline
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Yup! The courthouse I go to is always really good with that sort of stuff. One of the clerks handed me the FRO form right in front of the judge and told me to fill it out before I left
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Old 10-29-2019, 01:08 PM
gettingexpensive gettingexpensive is offline
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Quote:
Originally Posted by Selfrepmom View Post
He says to me ďI was going to stand your matter down but I looked over your material and have decided to take care of it today. Please have a seatĒ
So you lucked out. Otherwise it would have been another big waste of time and money. Ridiculous.
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Old 10-29-2019, 04:33 PM
iona6656 iona6656 is offline
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amazing.

Your posts are going to be really valuable to a lot of members of this forum in the future I'm sure.
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  #6  
Old 10-30-2019, 09:21 PM
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Tayken Tayken is offline
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Don't bother with the striking of pleadings. It is a waste of time really.
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Old 11-23-2019, 07:22 AM
Codename Codename is offline
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Congratulation, can you tell me what your first three points were?
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Old 11-23-2019, 05:43 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by Codename View Post
Congratulation, can you tell me what your first three points were?
1)Child support based on an imputed income of $40,000
2) Section 7ís based on an imputed income of $40,000 (I worded the order though so it is the same dollar figure he owes every month, collectible by FRO, based off of an average of the last year of s7ís. I stayed away from putting that he is to pay a certain % every month, because apparently FRO likes solid numbers)
3) That he must obtain life insurance for a certain amount, with me as the sole beneficiary, to fulfill his child support obligations.

However, as I suspected, he has not followed a single word of this order to date. He even stopped paying the small amount of child support he was paying based on the previous temporary order from last year. Iím in it for the long haul with this one it looks like.
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Old 11-23-2019, 05:46 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by gettingexpensive View Post
So you lucked out. Otherwise it would have been another big waste of time and money. Ridiculous.
The main source of my luck seemed to be from the one duty counsel who I think convinced the judge to hear my matter. Might have helped that I went to high school with her brother too. Either way, Iíll take my bits of luck anywhere I can get them at this point
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  #10  
Old 11-23-2019, 06:06 PM
Codename Codename is offline
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Fantastic: My daughter is going for arrears since she has been asking since 2016 with a input income of over 100,000 and continue monthly child support.
Section 7 for arrears owing for dental, medical, eye glasses and swimming lesson
and a monthly amount based on his income
At the time the agreement was made he was making roughly the same but then a few years later he quit his job to be self employed and he even stated that he quit his job because he wasn't getting enough. text messages and he even said that he is not going to pay even though he makes over $80,000. Now do you think he was smart? No because his life style shows that he makes well over 150,000. Anyways you should be so proud and now FRO will be enforcing your order with him. No one likes FRO especially when they hold your passport and drivers licence.
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