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My attorney sent ex a letter - no response yet!

bebe11bebe11 member
in Blended Families

So it has been almost a week that my ex should of received a letter from my attorney, and no word from him at all.  I swear I am just hoping he is coming to his senses, but that is wishful thinking.   The letter outlined my settlement offer to change Wednesday overnights during the school year, to just visits until 7pm. and my attorney said to contact him should he wish to settle.  Nothing yet!  And my EX still hasn't served me with the Responsive Declaration To Request Order, it has to be filed 9 days prior to the court date.  If he doesn't file this, does anyone know what happens? 

 

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Re: My attorney sent ex a letter - no response yet!

  • CFjo2010CFjo2010 member
    In Civil litigation if responses aren't received the Judge can issue a tentative Order based on the moving papers.  But in Family Law, your Ex will still get a chance to show up at Court and say what he agrees or disagrees with.

    Here's what I'm thinking is happening:  BD received the letter and has started consulting with an attorney or has an appointment to meet with one.  I highly doubt BD wants to fly solo on this now that you have representation.  Be prepared for BD to hire someone at the last second and come into Court and ask for a continuance so his attorney can "prepare".  And be prepared for that request to be granted, because Judges kinda have to.  

    Have you had your mediation yet?
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  • bebe11bebe11 member

    Our mediation was originally scheduled for 10/17, but ex said he has a "work function...aka golf" and can't attend.  My attorney said to agree to change the date, but to do it before the court date, so it is now set for 10/21 and court is the 24th.

     

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  • CFjo2010CFjo2010 member
    Yeah... I say be prepared for BD to get an atty and have the hearing continued.  I doubt he's going to agree to get a GIL for DD, and as of late his ability to be "reasonable" has been nonexistent so I doubt he'll agree to modifying the schedule at all. 
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  • bebe11bebe11 member
    jobalchak said:
    Yeah... I say be prepared for BD to get an atty and have the hearing continued.  I doubt he's going to agree to get a GIL for DD, and as of late his ability to be "reasonable" has been nonexistent so I doubt he'll agree to modifying the schedule at all. 
    I wish I didn't think you were right on with this!  The only thing that keeps me from thinking he will not get an atty is that they are super cheap, and this is why they cram into a tiny apartment with 5 people and only have one car. 

     

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  • CFjo2010CFjo2010 member
    bebe11 said:
    jobalchak said:
    Yeah... I say be prepared for BD to get an atty and have the hearing continued.  I doubt he's going to agree to get a GIL for DD, and as of late his ability to be "reasonable" has been nonexistent so I doubt he'll agree to modifying the schedule at all. 
    I wish I didn't think you were right on with this!  The only thing that keeps me from thinking he will not get an atty is that they are super cheap, and this is why they cram into a tiny apartment with 5 people and only have one car. 

    Dude.  Back when DH and BM were battling about a revised visitation schedule and establishing a holiday schedule, BM showed up to a hearing with the business card of an attorney and said she was retaining counsel and needed a continuance.  The Judge granted it and so DH's atty legally couldn't talk to her anymore since she claimed to be retaining counsel.  He called her a couple times asking for her attorney's info and she refused to give it.  She showed up at the next hearing without an attorney and told the Judge she couldn't afford a lawyer.  She wasted 2 months of everyone's time and the Judge barely admonished her.

    So BD might pull the same stunt just to drag things out and cost you more attorney fees.
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  • JessH1474JessH1474 member

     Are you also going for a change in child support or just the overnight?

    I agree with jobalchak, I anticipate he will drag things out as long as possible.  DH is going through the same thing right now with BM's atty on a child support modification.  They are in no rush for BM to receive less cs just like I'm sure your ex will be in no rush to receive less overnights, especially if he knows this is something you really want done based on how you've said he's been lately. 

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  • bebe11bebe11 member
    JessH1474 said:

     Are you also going for a change in child support or just the overnight?

    I agree with jobalchak, I anticipate he will drag things out as long as possible.  DH is going through the same thing right now with BM's atty on a child support modification.  They are in no rush for BM to receive less cs just like I'm sure your ex will be in no rush to receive less overnights, especially if he knows this is something you really want done based on how you've said he's been lately. 

    I am not even addressing child support right now, but down the line, yes i would like it to be calculated per our state guidelines.  Right now it isn't, it is just something we agreed on 7 years ago.

     

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  • bebe11bebe11 member
    piffle42 said:
    I did not receive a notice from the court of a hearing (it was sent by the court certified mail) until after a hearing. I brought it up but was told it didn't matter since I have an attorney on record so they were notified and therefore I knew I needed to be in court.
    I am not going to worry about it.  I retained the attorney after I had filed the Reason for Cause forms, and after my ex started with threats, name calling and other irate behaviors.

     

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  • rmjones15rmjones15 member
    Blech I'm dealing with the same thing. Xh actually just called me and asked "what to do" about the modification paperwork he got served. Gonna be a fun couple of months. Good luck to you!!
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