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Author Topic: Hi lawmoe  (Read 1630 times)

momoftwinz

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Hi lawmoe
« on: Jul 30, 2004, 10:40:40 AM »
I have pre trial conference in August 12th with Referee Mack and curious how you think things will turn out.

current status

I live in Minneapolis with temporary custody of twin boys age 9 - I have been financially supporting the children only- I have a stable career making in the upper 40,000's as a salary

Soon to be ex lives in Rochestor with girlfreind and was unemployed up until 2 weeks ago where he started a job through a temporary employment agency for 9.00 per hour

My first question is about his visitation and he has no car - he uses girlfreinds and she is complaining about the ware /tare on her car driving the 2 hours every other weekend for pick ups and drop offs. Because it is his time with the children and he financially contributes 0 I feel this is his responsibility to provide the transportation. - what is the usual rule here?

Next at the pretrial conference I am trying to obtain custody - going for joint with me being the primary- him having visitation and paying child support.

Him getting no money out of the house because he financially contributed none to the house- and the property is in my name and my fathers - aware that is tough fight.

AND my wages are being garnished 700.00 per month for a vehicle that I cosigned on for him years back and because he lost employment he stopped paying on the loan and they went after me. The vehicle was returned to the bank and they are garnishing for the remaining balance- there is 11,000 left to go!

So what can I expect at the pre trial with Ref Maack?

Thanks!

momoftwinz


Lawmoe

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RE: Hi lawmoe
« Reply #1 on: Jul 30, 2004, 03:08:29 PM »
I am very familiar with Referee Judy Mack. She can seem fairly abrupt at times in Court, however, I have found her to be fair minded and thoughtful in your orders.

I think you may misunderstand what occurs ata pretrial hearing.

First, a pretrial conference is essentially a settlement conference where the issues are discussed, discovery issues, timelines for submitting witness and exhibit lists.  Generally the Court will issue no orders on issues other than those related to the procedures of the case unlesss someone files a Motion. If no Motion is filed, no orders are issued.

If a Motion were to be filed, in most cases, the Court has the parties divide transportation and transportation costs. Whether that occurs or not depends greatly on the availability of each parent to provide the transportation and the reasons for the geographical distance. If it is our STBX that elected to move to Rochester, he may certainly bear more of that burden.

The other issues that you mention are issues that are decided at a trial, not a pretrial. If the parties are unable to agree on those issues, the matter is set for trial where testimony is taken and evidence presented so that the Court can issue an Order deciding those issues

 

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