I just recieved notice that I have a calendar call on Friday March 6-09.
I am still not sure when my case is- I thought they said term beginning March 31-09 but never got a date.
Can you tell me what is a calendar call and what do I need to do? Is this the case? if not, when will I find date of case out? I have sent for discovery but they have until March 9th to reply ( 30 ) days and the call is before then.
Please tell me what I need to do.
Thanks
Calendar call is a time set by the judge to arrange his or her trial calendar for the upcoming term. You will need to appear at the calendar call and when your case is called the court will list the dates which are available for your specific case to be set for trial which will be some time during the term beginning March 31 (terms normally last two weeks).
My calendar call letter says” Information which parties or counsel would like noted on the docket should be emailed no later them 8:00 am the day of calendar call.
30 days ago I sent my ex and his lawyer a request for documentation and have had no reply- when I mentioned this to my ex on the phone he said “oh I so scared, what are you gonna do about it? Call the police?” in a laughing matter
I am representing myself in court and feel that I should be treated with the same dignity and respect that my lawyer would be treated with if I could afford one- should the above fact be emailed in before calendar call in the hopes that the judge with then ask them to comply?
His lawyer did not file for an extension.
Also I found out that the disability amount my ex is claiming is not counting the amount he will also be getting from SS- He said since he hasn’t gotten it yet it doesn’t count but I know he has applied- doesn’t he have to report that income as well?
If you have sent formal discovery and the same has not been responded to you should make the court aware of this at calendar call. They may very well roll the case over to the next term in order to allow completion of the discovery process, but your ex’s attitude need not be reported to the court during calendar call.
Child support is based on the current incomes of the parties, and the expectation of future SS will not be counted.
I sent a formal/polite letter listing all the documents I needed. The letter had date and all case info on it. I sent this to his lawyer ( and copied ex)I attached a certificate of service saying that this was mailed by USPO.
I am in mecklenburg county. A friend suggested that maybe I was suppose to file this with the court- Was I? ( I did not do that)
You must file your discovery request with the court in order to ensure compliance, however you should bring this matter up to the judge in calendar call.
Should I file my request for docs now even though I sent them to the lawyer a month ago or wait and see what the judge says at Calendar call on Friday? Am I allowed to request a later date at Calendar call? for two reasons, first because I did not receive a respose for my ex for documents and second because the child support records form the last modifcation were not recorded correctly. Read below…
When reviewing for this case I found that the Raleigh central child support office listed something wrong- they followed my ex lawyers directions at the last motion to modify, which were not exactly what the judge wrote resulting in a show of overage that my ex never paid.
I was hoping my ex and his new lawyer would just be honest correct it but they have not responded to me on that either- Should I just file a motion to re-evaluate and treat it as a separate issue? so that they (my ex) cannot take advantage of the false overage and write it into the next motion somehow saying it is not a mistake and he really paid too much?
I am not sure but I was thinking if I have it filed as a separate case they would not be able to touch it at this case- what is the law on that? and what would be my best way of getting the mistake from the last modification straighten out before we modify again? Could I ask the judge at this Calendar call to give us time to first straighten the mistake out or am I better off just filing a separate case and not mention at calendar call?
I recommend you go ahead and file your request with the court and that you let the judge know there it outstanding discovery at calendar call. You may request that the case be moved to the next term in order to ensure the discovery process is complete.
You should bring up the discrepancy in the Order at trial, it is part of the current action and can and should be addressed in the upcoming hearing.
OK got it- but as far as the SS pay that he applied for but did not yet receive- Can I request during discovery a staus report on that- or else how will I know when he starts to get that ss disablity income and once he does will child support be adjusted?
Do I have to have that written ( a CS adjustment once ss is received) into our agreement when we modify?
Your Husband has an ongoing duty to supplement discovery and produce any and all evidence of new income. I do suggest you ask for this info specifically in an amendment to the discovery and at the hearing itself. You may ask that support be recalculated if and when he begins receiving disability.
Wow - I never knew we had an ongoing responsibility to tell CS when we had an income increase- Let me ask you then- we had a age out mod- in 2006 but in 2007 my ex- began to rent first house- probably an income of $1,500-$2,000 per month. He never reported anything so support was never adjusted (that equals about my entire income per month) Can I now mention this, at our upcoming modify and ask for retribution for the last 2 years?
I want to thank you and Mr. Rosen for making this web site available- it has been an extremely valuable source of info for those of us who cannot afford to be properly represented in court- I can see how you can get run over very easy without legal rep. I do not know how Rosen supports this site but do want you both to know I am extremely thankful and know you are doing something very good to help keep the legal system fair to all.
If he is receiving rental income and you have just recently learned about it, you should bring this up in court to have that amount factored in moving forward.
As far as the back support, you should go back and see how much of an actual difference the rental income would have made in child support. Likely the amount will be surprisingly low. At this point, there is honestly not a lot you can do with respect to what has been done.