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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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Old 04-22-2012, 10:09 AM
informedmom informedmom is offline
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Default Form 8 Amendment - Urgent

In our haste to submit a general application to begin court proceedings, we realized that we did not complete the form fully. We didn't realize that we should have attached our support for our claims (dumb, I know...rookie mistake). Now that ex has responded with a Form 10 (Answer) dismissing our claims and making some new claims of our own, can we provide our support in our reply to her? Our reply to her Form 10 must be given in ten days.

We do have a case conference coming up. Can we bring support/evidence then or have we missed our opportunity altogether?
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Old 04-22-2012, 10:14 AM
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You can put it in the reply, that is a good way to do it.

Get it in before the CC.

The CC you write a brief, which will be disposed of. The CC is off the record. If you have anything after you write your reply, then file an ammendment.
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Old 04-22-2012, 10:17 AM
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Tayken Tayken is offline
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Originally Posted by informedmom View Post
In our haste to submit a general application to begin court proceedings, we realized that we did not complete the form fully. We didn't realize that we should have attached our support for our claims (dumb, I know...rookie mistake). Now that ex has responded with a Form 10 (Answer) dismissing our claims and making some new claims of our own, can we provide our support in our reply to her? Our reply to her Form 10 must be given in ten days.

We do have a case conference coming up. Can we bring support/evidence then or have we missed our opportunity altogether?
Applications are not sworn to the truth. Read the bottom. They are just the framework to the theory of the case generally. You are going to a Case Conference which is a mediated solution and not substantiative issues can be determined without consent of both parties.

If you are having conflict the Case Conference judge *WILL* move you to the next part of the proceedings. Either to trial or to a motion for determination on the issue where the decision will be based on *EVIDENCE* and not hearsay in un-sworn documents.

Get your Form 35.1 (custody and access) together which is a sworn document (affidavit) and your financial statement, which is also an affidavit, and your evidence together. If you are trying to "fight it out" through an application the judge will be pushing you into the litigated processes shortly.

Good Luck!
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Old 04-22-2012, 10:19 AM
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You can put it in the reply, that is a good way to do it.

Get it in before the CC.

The CC you write a brief, which will be disposed of. The CC is off the record. If you have anything after you write your reply, then file an ammendment.
Depending on the issue they are having asking for a technical order for the matter to be heard either at trial or on motion for determination is the better route. Some times people put too much in their application and responses to the application that gives away too much.

If there is concrete and cogent and relevant evidence to your concerns you are best to keep that information and put it forward at a motion or at trial where only real decisions can be made. Especially if you know the other party won't consent to anything unless compelled to by order.

Good Luck!
Tayken
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Old 04-22-2012, 10:37 AM
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Thank you! We are feeling rather overwhelmed at the process but we have years of documentation that is pretty powerful. We want to make sure we are following the process properly.
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