What is a SEPARATE LISTING

[Feelincrazy]

(j)(1)  Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where

(i)   there are complex questions of law, fact or both, or

     (ii)   the hearing will be protracted, or

     (iii)   the orderly administration of justice requires that the hearing be listed separately.

   (2)  If the motion for separate listing is granted, discovery shall be available in accordance with Rule 4001 et seq.



Is this where one of the parties requests to be heard separately from the other?  Is that fair?  Is it normally granted?

It is always possible that she will do this, especially if she retains a lawyer.

Also, how do we find out if she has retained a lawyer?

Can anyone help?

[Peanutsdad]

What it means,, and someone correct me if I'm off...


The paperwork is allowing for seperate ISSUES to be heard on another court date indendently of the origianl court date,, PROVIDED they meet the criteria you listed above: legally complex, long court time.


In that circumstance, extended discovery applies also. Meaning,, they or you can file seperate requests for discovery based on THAT issue.

If she retains an attorney, that attorney has to file with the court AND your attorney that he/she is now on the case. Now,, that attorney COULD wait til day of court to do that,, thus gaining a chance for a continuance.

[rini]

hello

this is a more formal hearing than the one that you already had

you are driving yourself crazy reading the statutes and attempting to interpret them and forecast her next step

i will tell you her next steps.

she has to file with in 20 days (10 ) in my county for a hearing on exceptions.

this is not a trial but an appellate procedure the first step in PA courts.

she will file a paper requesting a hearing for exceptions to the interim order

she will provide you with a brief indicating why she feels she is entitled to a different amount and she has to list all the reasons.

then you have an opportunity to answer her.

she can also answer you

and so on and so on until the hearing.

the hearing takes place

a decision is made.

you then have the opportunity to appeal this decision.

rini

[Feelincrazy]

Rini thank you so much for all of your help!

This is Feelincrazy's SO; I would like to clarify one item for now.

Please correct me if I miss interpret your statement.
The CP must supply ME with a breif of her reasons prior to the hearing.
Is there a specific timeline, meaning, can she give it to me the day of the hearing? If so is this grounds to ask for a continuance?

[rini]

hi kid

yes you are given a reasonable time to defend before the hearing

any thing submitted with in a few days of a hearing does not provide reasonable time to defend and would certainly be clear cut reason for a continuance.

if the judge makes you proceed and you will have my home phone on your email immediately you have recourse under pa law and it is also a reason for a hearing in front of another judge ect ect...

called abuse of discretion..........

judges have to follow rules of procedure too.  doesnt mean they do but being aware of your rights before you walk in to the court room will certainly make your own case stronger.

not a paralegal just got tired of being beat by the system so now i put a point score on the board for every modification i help with in PA that lessons what PA collects in the federal match..........  i have helped with approximately 16 modifications in just the past year..  i have an average of over 325$$ in lower modifications..  just so you know i have also helped with support increases when i feel that they are merited

i dont discriminate with my volunteer services ..  i just wish i could do more..  

someday the laws will change and maybe i will have a hand in that one can only hope..  

i do have a good bit of my mom and dad in me and they were both hard heads descended from a long line of hard heads LOLOLOL>>>>>>

i dont give up easy as our own PBFH found out when i served her butt with an over 100 page summons thanks to socrateaser and this site..

i only post in the child support forum on this site mostly  now after i got blasted on the fathers board for discussing a situation that arrised as me being a custodial parent..  i think you might have been around for that one..  I have bent over backwards for my ex husband but unfortunately someone misunderstood part of my post and really upset me..  so i really dont post anything personal on this site any more..  i have unfortunately seen that happen here more than once..  

i used to be in chat here 4 or 5 times a week ..  i guess with most of our problems being resolved to some extent i just prefer to help others with what i have found out having to research pa and federal law for 7 years..

there is a post on the Sparc comment board ( letters) that i wrote that explains our heart wrenching situation that brought us here if you get a minute read it.  then you will realize why i spend so much time helping others.

it is tough being on both sides of the fence you dont really belong any where...  and there is no where to really vent if something happens without fearing someone ripping you a new ((**&& for calling a spade a spade.  

I will help you any way i can and i will email you my home phone so that you can contact me if you have a panic attack over something.

my own dh accused me of being obsessed for years with our situation
i was angry and could not believe that he would do nothing about the situation.  i dwelled on it an finally decided to get of my ass and do something about it myself..  we hardly ever fight about it any more.  not never just hardly ever.

lol  

if you need anything dont hesitate to ask even if it is just to talk for a little while.  none of my friends understood what i was going through and this site saved my sanity and provided me with some of the research tools that i used to get a custody order and to get our child support lowered from 1200 a month to 680  .... big difference huh..

to tell you the truth i could have had it lowered another 100 a month even 150 but i figured that i could live with this and allowed the hearing to move on.. and just wanted closure..  now she is scared shitless of entering a court room with me because she knows i have the knowledge to beat any attorney she can find.  i dont know shit about any thing other than family law but i can kick her attornies butt every time if i know i am in the right.   God bless

rini