help: how to delay temporary orders

Advice on divorce for men considering or starting the divorce process. Get marriage separation advice for men in this divorce forum and child custody forum.

help: how to delay temporary orders

Postby nevermorenevermore » Sun May 20, 2012 10:36 pm

So my STBX got an attorney, and they motioned for Temp Orders in 10 days.
The Good:
-NJ moved out since i held firm on staying in the house
-I am getting to spend good time with my kids (yes, and document everything)

The Bad
-I am still trying to find a lawyer.
-I'm in colorado (yeah, i know).

The Ugly
-The TO is a phone meeting. This seems like a pretty big deal for a phone meeting.

How do i delay it? Reading other stuff on this forum seems like delay is a good tactic to preserve status quo. Does the STBX have to file the requests and will i see them ahead of time, or are they made verbally? (i know, get a lawyer, im working on that). Can i make a motion to delay based on lack of council? how do i do that?
Last edited by nevermorenevermore on Sun May 20, 2012 11:00 pm, edited 1 time in total.
------
joy comes from inside. suffering is the path to joy.
User avatar
nevermorenevermore
50+ Posts
 
Posts: 55
Joined: Sun Apr 15, 2012 8:55 am

Re: help: how to delay temporary orders

Postby nighthawk » Sun May 20, 2012 10:53 pm

My first thought would be, ignore the phone call. It may not buy you much time, but it would buy you some time!
"I'll never give up trying to help my little girl!!"
User avatar
nighthawk
1K+ Posts
 
Posts: 1203
Joined: Fri Jun 05, 2009 4:55 pm

Re: help: how to delay temporary orders

Postby nevermorenevermore » Sun May 20, 2012 11:01 pm

ignore a call where they issue temp orders? wtf?
------
joy comes from inside. suffering is the path to joy.
User avatar
nevermorenevermore
50+ Posts
 
Posts: 55
Joined: Sun Apr 15, 2012 8:55 am

Re: help: how to delay temporary orders

Postby nighthawk » Sun May 20, 2012 11:03 pm

It seems to me if they had a case they would be doing this in court, not by phone. I would take the call. They may be reasonable! I would make a list of what I want and take the call. If I didn't get what I wanted, within reason, I would hang up, with the statement of, I'll see you in court at the conclution! Let's face it, she has abandoned her kids, she's gonna have a hard time getting custody!
"I'll never give up trying to help my little girl!!"
User avatar
nighthawk
1K+ Posts
 
Posts: 1203
Joined: Fri Jun 05, 2009 4:55 pm

Re: help: how to delay temporary orders

Postby nighthawk » Sun May 20, 2012 11:05 pm

fatherknowsbest wrote:ignore a call where they issue temp orders? wtf?

Are you saying they are holding court on the phone? I don't think so!
"I'll never give up trying to help my little girl!!"
User avatar
nighthawk
1K+ Posts
 
Posts: 1203
Joined: Fri Jun 05, 2009 4:55 pm

Re: help: how to delay temporary orders

Postby nevermorenevermore » Sun May 20, 2012 11:20 pm

Are you saying they are holding court on the phone? I don't think so!


that is what it reads like to me.

and @nighthawk, it is not quite that clean. STBX took kids to her parents. we had agreed in principle to her taking kids during week, me during weekend.

i got advice on another thread http://www.dadsdivorce.com/father_divorce_forum/viewtopic.php?f=4&t=45035&start=10#p319173 to keep the kids. kinda tough with 4 of them in school, and my wife expecting to pick them up tomorrow. if i show up at school and try to get the kids on "her day", there is bound to be a fight....
------
joy comes from inside. suffering is the path to joy.
User avatar
nevermorenevermore
50+ Posts
 
Posts: 55
Joined: Sun Apr 15, 2012 8:55 am

Re: help: how to delay temporary orders

Postby nighthawk » Sun May 20, 2012 11:30 pm

-NJ moved out since i held firm on staying in the house
-I am getting to spend good time with my kids (yes, and document everything)

This was very misleading, my fault! FOF has already told you what to do!

All I have to ad is, I am sure, it's going to be her attorney that calls you, it will be simply an attempt to settle! There is no obligation to settle. I've never heard of a court holding court on the phone!
"I'll never give up trying to help my little girl!!"
User avatar
nighthawk
1K+ Posts
 
Posts: 1203
Joined: Fri Jun 05, 2009 4:55 pm

Re: help: how to delay temporary orders

Postby Fatheroffour » Mon May 21, 2012 5:51 am

Vega just had his final hearing on the phone.

Some courts will do that.

Do not ignore.

Sorry, don't have specific procedural advice for stalling other than the obvious.
Everyone lies.
User avatar
Fatheroffour
Moderator
 
Posts: 26638
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: help: how to delay temporary orders

Postby coscrewed » Mon May 21, 2012 3:39 pm

I hate to tell you, but the reason they are holding the temporary orders hearing over the phone is that in Colorado, the screwing is done by formula. They will simply plug in your gross income numbers and the number of hours per week each of you have the kids, and pop out a number. CS will be calculated, and then temporary alimony will be calculated and *WILL* be awarded by the formula of (40% higher earner's gross) - (50% of lower earner's gross). The STBX doesn't have to ask for an amount, the court will calculate it and hand it to her (or to you).
coscrewed
500+ Posts
 
Posts: 706
Joined: Mon Jun 21, 2010 4:30 pm

Re: help: how to delay temporary orders

Postby nevermorenevermore » Mon May 21, 2012 4:19 pm

thanks coscrewed, but....

i THINK this is a phone meeting to set the actual TO hearing. Believe me, im not gonna mess this up.
------
joy comes from inside. suffering is the path to joy.
User avatar
nevermorenevermore
50+ Posts
 
Posts: 55
Joined: Sun Apr 15, 2012 8:55 am

Next

Return to Before and During Divorce Forum

Who is online

Users browsing this forum: Tyrell and 8 guests