When you go to the case management hearing, mine was handled by the general magistrate, they will go over the list of papers you need to have. Bring in the copies of all of your papers that you have on hand from filing the dissolution of marriage and any mail you have received from the courthouse along the way. The checklist will help you get everything in order for your final hearing.
After you make sure that all paperwork is in order and you have copies of all financial records such as the debt owed in your name, the income of both parties, assets, and life insurance policies make copies and add it – because you will need it for the final hearing.
When you have everything in order you will call the judge’s assistant and set a date for the final hearing. They will usually give you a few and you pick the one that best fits you. If your spouse has an attorney they will try to set the date but remember you are an acting attorney so if the dates they choose don’t fit yours, don’t be afraid to tell them so.
Lessons I have learned through making mistakes. During my case management hearings, we never went over the financial obligations. Knowing what I know now if there are bills from the marriage that are in your name that you want your spouse to help pay, you need to provide copies to the court. If the bills are in your spouse’s name it is their responsibility to provide copies to the court. My largest bill that I am not willing to take on all on my own is in my name and is affecting my credit but with no support at this time I can only afford the main bills and I am not willing to take this marital debt on myself.
Unfortunately, I did not learn that lesson until the final hearing that turned out not to be the final. I will be contacting my credit card company to get a printout of my statement from January 2017 until we separated in November. The court can require him to supply money to pay for this. Something that you also need to be aware of is even though the court can order your spouse to pay past bills, child support, and spousal support it does not mean that they will but it will be on record and if your spouse ever comes into money on the books, you will get paid.
Getting records with no spouse involvement.
A subpoena duces tecum is a subpoena for production of evidence. I received indigent status, so I will be filing this next week to have his employers provide his income to me. In all of the stress of filing it on my own and dealing with the DVI at the same time, it is amazing how much I have forgotten legally.
I wish I had thought to subpoena them before the hearing. I hoped because he was in default this would not be necessary but since it seems to be one of the factors holding me back from spousal support I will go that route.
My husband worked for cash for many years because he could not hold a real job and hide money for his drug use – but he was supposed to be paying support on 3 of his older children. Over the 10 years we were married, he mostly worked landscaping for cash jobs and his child support built up. The government took our taxes every year and gave it to his exes. I am thankful this year will be different.
In the next part of my series, we will be discussing the parenting class.