My Ex is not cooperating in the alimony or ED process. Mediation failed. How can I get the judge to order binding arbitration without consent from my Ex?
Great Question Meadow!!
I’m anxious to know from the experts.
Do you file a motion? Or during a hearing make a motion? …
Complaint? So much!! I’m all eyes to read the answer
You can file a motion to be ordered into arbitration pursuant to Rule 53 of the rules of civil procedure. I have not seen arbitration ordered many times, but it does occur.
Once ordered to arbitration, is it true that once the arbitrator makes the final decision in all matters, your stuck with it (their decision on ED , child support, alimony, retirement/401k) ?
Can this be overturned if you disagree?
An arbitrator’s award is binding like a court order.
How does Plaintiff get an appraisal of Defendant’s home and autos when Defendant won’t cooperate? The appraisal has been ordered in the pre-Scheduling and Discovery conference for Equitable Distribution. Also, the Defendant is not cooperating and did not appear at the pre-Scheduling and Discovery conference. How can Defendant be made to pay for appraisals of home and autos?
You will need to file a motion for entry upon land in order to gain access to the home so it can be appraised. Generally the parties split the cost of the appraisals. Keep a record of these expenses so you may present them at trial.