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How do I draft a motion to compel in a divorce case? I need additional financial documents and to be ex is not cooperating.: To be ex has not filled out the financial statement correctly, as ex is self-employed and did not fill out the Schedule A on the long form. I'm filing for temporary support and need this information! Also, various other bank statements have been excluded.I wish to draft this motion myself and save on atty fees (but will run by my atty). The mandatory conference with opposing counsel has been requested several times but opposing counsel has blown it off. Help!

Asked over 1 year ago in Family

Lauren’s answer: You need to have requested the information you are seeking through discovery (e.g. interrogatories, request for production of documents, mandatory Rule 410 production, etc.). If the party does not provide the information, then you have to request a conference -which I believe you are referring to Rule 37-with the other party to address the issue. If they do not respond or the efforts to resolve via a conference are not successful, then you can file a motion to compel with the court and schedule a hearing. It would make sense to consult with your family law attorney to ensure that you comply with all of the procedural requirements.

Answered over 1 year ago.


Uninsured Medical Co-pays: I know this is a very general question, but I am just looking to get some sort of idea. My kids have extraordinary medical expenses, (therapists and meds, Children's hospital visits (not including the ER) but other issues they go for quarterly, things like that ) Then there are regular doctor visits, urgent care, have had to go to the orthopedic a few times, the ophthalmologist, the dentist for fillings, etc..) That being said is there any type of formula or just from your experience, can you give me a ballpark figure of what parents who do not have all the extraordinary costs, spend a year on uninsured co pays. (before they split them? I am just looking for an approximate amount, what is normal, average? I know everyone is different, but APPROX how many visits to reg. drs/dentists a yr.?

Asked about 2 years ago in Child Support

Lauren’s answer: Hello. Unfortunately there is no formula. However, what is most important: the necessity of the treatments and communication to the other parent. Providing the other parent with information regarding the charges/ notify the other parent before the treatment will set the stage for the court to see said expenses as reasonable and fair. Remember, in a joint legal custody situation the other parent is to be consulted about expenses not covered by health insurance.

Answered about 2 years ago.


What is considered as valid child care expenses in the child support calculator?: We are doing 50-50. We both work. He has higher income than I do.

On my days, I send the children to after school and pick them up at 5:00 pm. On his days, he uses his dad to look after the children after school. He also hires a nanny once a week from 5:30 pm - 9:30 pm.

Based on the guild line, the child care cost that can be deducted from the earning are during the time the parent is at work: Reasonable child care costs for the child(ren) covered by the order and due to gainful employment of either party are to be deducted from the gross income of the party who pays the cost.

My question is: what is considered as valid child care cost in the child support calculator? Will my after school cost count? Will his nanny cost count?

Thanks

Asked about 2 years ago in Family

Lauren’s answer: The child care costs that the court allows are child care when a parent goes to work or when a parent attends training or education necessary to obtain gainful work or enhance their ability to earn more money. If the parents are paying for private school, extracurricular activities, camp, post secondary expenses, the court has to determine if the payment of these costs are in the child’s best interest and are affordable by the parents. If so, the court could allocate these costs, but will do so by looking at situation of the parents. Please consult with a family law attorney to formally address these questions in depth.

Answered about 2 years ago.