filed for modification no response on papers

[syskjw]

What is the name of your state? fl
I filled for modification completed all papers and filed them with the courts and mailed copies to nc. When I sent the originall summons it came back on served because she had moved 2 times since it was sent out. The documents state that you have to have copies 45 days from the day the petition was filled to mail them to the other party. The papers where in the summons but since I knew she had moved I mailed her the copies required before the 45 days. I did a alias summons and she was served on July 12. The question I have does she have 45 days as well to give me copies of her papers from the day she recieved them or does she have 20 days from the date the summons was served on her? I know she was 20 days for her answer to the pettition but what about all the papers I was required to give her. And if she does not respond with the required papers to me or the courts I know I can file default but will the court make her bring the documents to the court day. I had to give her copies of all my bank statments, pay stub, tax forms, car payments, mortgage payments, credit card bills and etc. The reason for filling for modification was the mother had no job and was ordered to pay only 50 week plus 2.36 in arrers a week towards 7,000 in arrears. She was court ordered after so many contempts of court to obtain a 40 week job and I am now employeed full time. Child care during the summer was 95 a week and insurnace through work costs 712 month. So the financial circumstances have changes.

 

[Gracie3787]

What is the name of your state? fl
I filled for modification completed all papers and filed them with the courts and mailed copies to nc. When I sent the originall summons it came back on served because she had moved 2 times since it was sent out. The documents state that you have to have copies 45 days from the day the petition was filled to mail them to the other party. The papers where in the summons but since I knew she had moved I mailed her the copies required before the 45 days. I did a alias summons and she was served on July 12. The question I have does she have 45 days as well to give me copies of her papers from the day she recieved them or does she have 20 days from the date the summons was served on her? I know she was 20 days for her answer to the pettition but what about all the papers I was required to give her. And if she does not respond with the required papers to me or the courts I know I can file default but will the court make her bring the documents to the court day. I had to give her copies of all my bank statments, pay stub, tax forms, car payments, mortgage payments, credit card bills and etc. The reason for filling for modification was the mother had no job and was ordered to pay only 50 week plus 2.36 in arrers a week towards 7,000 in arrears. She was court ordered after so many contempts of court to obtain a 40 week job and I am now employeed full time. Child care during the summer was 95 a week and insurnace through work costs 712 month. So the financial circumstances have changes.

She has 45 days from the date of recieving service of the petition in which to file/produce/serve the documents required under mandatory diclosure rule 12.285.

She has 20 days from the date of service in which to file an answer to the petition.

It will be up to you to make sure that at least her financial affidavit is filed/served within 72 hours of the final hearing. Depending on the circumstances, if dhe has not produced them by the final hearing, you can request a continuance to allow you time to serve a subpoena. Or, you can request the court to impute a certain income. When a party outright refuses to produce a financail affidavit the court will almost always agree to imputing an income.

 

[LdiJ]

What is the name of your state? fl
I filled for modification completed all papers and filed them with the courts and mailed copies to nc. When I sent the originall summons it came back on served because she had moved 2 times since it was sent out. The documents state that you have to have copies 45 days from the day the petition was filled to mail them to the other party. The papers where in the summons but since I knew she had moved I mailed her the copies required before the 45 days. I did a alias summons and she was served on July 12. The question I have does she have 45 days as well to give me copies of her papers from the day she recieved them or does she have 20 days from the date the summons was served on her? I know she was 20 days for her answer to the pettition but what about all the papers I was required to give her. And if she does not respond with the required papers to me or the courts I know I can file default but will the court make her bring the documents to the court day. I had to give her copies of all my bank statments, pay stub, tax forms, car payments, mortgage payments, credit card bills and etc. The reason for filling for modification was the mother had no job and was ordered to pay only 50 week plus 2.36 in arrers a week towards 7,000 in arrears. She was court ordered after so many contempts of court to obtain a 40 week job and I am now employeed full time. Child care during the summer was 95 a week and insurnace through work costs 712 month. So the financial circumstances have changes.

712.00 a month for insurance is VERY high...surely the child's share of the insurance is not 712.00 a month??

If it is, then you really should be checking into a private policy for the child. I KNOW you can get a better deal than that.

 

[syskjw]

So the only document she has to produce is the financial aff. I had to give copies of my paycheck stubs, inome taxes, mortgage, credit card bills, child support guidlines sheet, last 6 months savings statement and checking statement, any party that I have a loan from. And the 712 is for 5 people so my daughters portion is 142.24 according to the guidlines sheet she should be paying 366.52 a month for basic monthly ob and 268.43 a month for Health insurance, child care. Plus she owes arrears. She currently pays 52.36 a week.

 

[syskjw]

I could only find a form to subpoena a non-party for documents not the actuall party. DO you have any suggestion on where I can find it?

 

[Gracie3787]

So the only document she has to produce is the financial aff. I had to give copies of my paycheck stubs, inome taxes, mortgage, credit card bills, child support guidlines sheet, last 6 months savings statement and checking statement, any party that I have a loan from. And the 712 is for 5 people so my daughters portion is 142.24 according to the guidlines sheet she should be paying 366.52 a month for basic monthly ob and 268.43 a month for Health insurance, child care. Plus she owes arrears. She currently pays 52.36 a week.

She is technically required to produce the other documents, however, the court only cares about the financial affidavit. Quite often, even though the law says differently, a party is allowed to bring the other documents into court at the last minute. Also, quite often a party can wait to bring in the financial affidavit until the last minute. Then it's up to the other party to object and cite the laws and request a continuance. I know, it stinks that the law says one thing, but Judges do differently, but it happens all the time.

Since the insurance is a set amount for everyone, you have to use only your daughter's portion on the guidelines worksheet. If the monthly cost for her portion is $124.24, there's no way that your ex would be required to pay $268.43 for her portion of the insurance. In other words, on the guidelines worksheet you would list only the $124.24 and then each parent's obligation of that amount is figured. Basically, your ex cannot be ordered to pay for anyone's insurance other than the child the order is for. The up side of this is that on the financial affidavit, you'll see in the allowable deductions section where you can deduct the remaining $496.96 from your gross income.

You can use the form you found for a subpoena, just cross out the "non" on the non party. It's possible though that your particular court clerk will refuse to sign it, then you'd need to get a subpoena from the clerk.

 

[LdiJ]

Maybe he means that 268.43 is mom's share of both insurance AND daycare. If so, that seems more or less "in line".

However, 712.00 for a family policy is still pretty darned expensive. I hope that its REALLY good insurance.

 

[Gracie3787]

Maybe he means that 268.43 is mom's share of both insurance AND daycare. If so, that seems more or less "in line".

However, 712.00 for a family policy is still pretty darned expensive. I hope that its REALLY good insurance.

Ooops, You're right. When I reread OP's post I realized that he did say it was for ins. and daycare.

That insurance is expensive, it's probably BCBS, I know ours was extremely expensive with really lousy coverage that has ruined my credit. they took a year and a half to pay on my surgery. Anyway, thank goodness we now have United Healthcare and it's great.

 

[syskjw]

The 268 is for insurance and childcare.And 712 a month for 5 people is not really bad considering one of my childs prescriptions is $800 a month and he sees 2 diffrent specilists every three months and has to have a MRI every 6 months. And it includes dental and vision. My daughters child care is $95 a week. It would be $165 per child but if you get a YMCA membership it is $95 per child and the membership is $62 a month. So instead of paying 495 week we pay 285 a week.

 

[CJane]

The 268 is for insurance and childcare.And 712 a month for 5 people is not really bad considering one of my childs prescriptions is $800 a month and he sees 2 diffrent specilists every three months and has to have a MRI every 6 months.

Umm... is this health ins through your work? Because usually those policies are set up to cost a certain amount for an individual and another amount for families (sometimes with an intermediate employer + 1)... and it's irrelevant how ill any member of that family is or may become.

The portion of ins that falls to your ex should work out this way with a policy as I described above..

Total Premium Amount
- Individual Amount
= 'Family premium'
/ 4 (people other than employee)
=amount of child's premium.

If it IS much higher because of the special needs child, then unless that child is the child of your ex, you need to figure out how much the premium would be if you weren't insuring the child that is causing the spike in premiums - your ex isn't responsible for that.

 

[syskjw]

It is though my employment. It is family cost no matter how many members there is like described above. And it is not high because of the needs of my other child it just doesn't seem expensive due to how much we where already paying out of pocket. The mother is responsible already for 50% of medical but has never paid it and it is already just a struggle to get her to pay the 52.36 childsupport and I have brought it up in court about the medical expenses when we appeared.

 

[syskjw]

We have a court date on this Monday 10. Yesterday I recieved a Answer to Supplemental petition and none of the other papers where with it. She was served aliassummons on 7-12 so she is well over the 20 days and 45 days for the other documnets. On 8-3 I servrd her with Imterrgatories seems how there was not a finicial aff. She has not responded within the 30 days. I looked online and she has filled all the other forms with the court that was suppose to sent to me aswell on 9-6. Will any of the documents be accounted by the judge seems how I never recieved copies? And I work up untill I have to leave for court so I can not get a copy of the forms from the court which is actually not my responsibility she is suppose to have me the copies. And on 8-14 Default was entered.

 

[Gracie3787]

We have a court date on this Monday 10. Yesterday I recieved a Answer to Supplemental petition and none of the other papers where with it. She was served aliassummons on 7-12 so she is well over the 20 days and 45 days for the other documnets. On 8-3 I servrd her with Imterrgatories seems how there was not a finicial aff. She has not responded within the 30 days. I looked online and she has filled all the other forms with the court that was suppose to sent to me aswell on 9-6. Will any of the documents be accounted by the judge seems how I never recieved copies? And I work up untill I have to leave for court so I can not get a copy of the forms from the court which is actually not my responsibility she is suppose to have me the copies. And on 8-14 Default was entered.

You are correct, she is SUPPOSED to serve you with copies. However, the main thing is that she did file them with the court. You will be able to get copies from the court file right before the hearing. You can try explaining the situation to the Judge and ask for a 15 minute recess to give you time to review the papers. (this is what was done in my husband's case when his ex did the exact same thing) Then if there's a problem with them, you can ask for a continuance for more time for discovery related to the new evidence.