Postpone interrogatories?

[HER42]

What is the name of your state? IL but ex lives in CA and divorce and CS were established in AR

Hi, before I dive into my case, I have read several responses that refer to reading stickies... I didn't see any at the top of this forum, is there somewhere else I should be looking?

My ex's attorney filed a motion to increase CS in AR. I responded to motion pro se with a request for some relief to CS based on the fact that I now have two more children (ages 1 & 2) and another due in July. I sat down and calculated CS based on the AR guidelines using the number her attorney provided in his motion for net income based on the W-2 the ex was sent earlier this year. Because I got a bonus last year and not this year, the amount is actually higher than my monthly salary now, but I didn't want to argue, so I went with it.

I discovered that most of this time I have been paying too much. I know that can't be rectified, but much to my relief, if CS is calculated based just on that figure it will only go up about $45/mos. With the relief I asked for ($100 per month), that actually lowers CS. I do not realistically expect the judge to lower my CS, so I would like to just ask her attorney to settle this matter. Basically, I will drop my request for relief if she drops her request for an increase.

The problem is, her attorney won't respond to any of my phone calls or e-mails. I am told this is because I am representing myself.

Do any of you have any tips for just settling this matter? After I filed my response, I received a packet of interrogatories and a financial affidavit. I am sure I can fill these out on my own as well, but I am concerned that when a hearing is scheduled it will be right in the middle of my brief summer visit with my son, or possibly conflict with the birth of my new baby. Is there anyway I can postpone all of this until after the visit/birth? Or just settle it now?

Sorry to post so much at once. I searched the forum for similar situations, but I did not see anything about filing a response to postpone interrogatories. The request I just received was not file stamped, so I am not sure if it is appropriate for me to file for a continuance w/ the court. I Googled something that says our attorneys can work out a postponement amongst themselves, but since I don't have one and he won't deal with me directly, I am not sure what to do next.

Thanks in advance for any help you can offer.

 

[HER42]

Follow-up

Maybe I asked too much in my last post... let me try something more specific.

The CS modification is being handled by Pulaski County, AR. I have lived in IL since Dec. of '04 and my ex and son have lived in CA for about 3 yrs.

We have decided just to answer the interrogatories and present my ex with a set of her own. We will request a continuance once a hearing is set if it falls within my visitation period or near the due date of the baby. Is there a maximum number of interrogatories that can be asked of the Plaintiff (my ex)? Do I have to be present to be granted a continuance?

Also, I read on the OCSE website today in the section on Interstate Modification that this motion should not be heard by an AR judge since none of the parties reside in AR. If this case makes it before the judge, will he actually order a transfer if no one requested it? I would just as soon finish what we have started, but if it needs to transferred, I don't know why we are wasting time w/ the interrogatories and what not. Is it possible that her lawyer is just hoping that we will settle out court?

Thanks again!

 

[seniorjudge]

Q: Is there a maximum number of interrogatories that can be asked of the Plaintiff (my ex)?

A: It is possible; check the state and local court rules.



Q: Do I have to be present to be granted a continuance?

A: GENERALLY, no; but I am not the one making the decision.

 

[HER42]

Q: Is there a maximum number of interrogatories that can be asked of the Plaintiff (my ex)?

A: It is possible; check the state and local court rules.

Thanks for responding! From the searching I have done, it seems that the answer to this question is found in the Arkansas Rules of Civil Procedure. When I Google this document or go to the AR Judiciary website, they do not have an online version of this document (just excerpts here and there on Google). Is there any AR people out there who knows where I can get a copy of this?

 

[proud_parent]

Is there any AR people out there who knows where I can get a copy of this?

I'm not in Arkansas, but try this:

http://courts.arkansas.gov/rules/rules_civ_procedure/index.cfm

Rules for interrogatories are described under Section V. Depositions and Discovery.

 

[HER42]

I'm not in Arkansas, but try this:

http://courts.arkansas.gov/rules/rules_civ_procedure/index.cfm

Rules for interrogatories are described under Section V. Depositions and Discovery.

Thanks! That is exactly what I was looking for. That section not only answers the question from my 1st post about extending the length of time to reply, but also mentions that the number of interrogatories is not limited, but a judge can use discretion in limiting overly burdensome interrogatories.