Dorothy
New
Reged: 05/25/08
Posts: 24
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Here is a head scratcher for you! Was married 26 years. Have been divorced 11 years. Spousal Support was granted to me until I die, or remarry. My EX has petioned the court to Terminate the SS. I then proceeded to submit a motion of my own which is to re-calculate my SS for an increase. When I went to file the motion, I was told I had to pay a $375. penalty for not formally submitting a Response to my divorce 11 years ago! I had no idea I was supposed to! We divorced with the help of a Mediation Lawyer. Everything was agreed upon, so I had no motion to respond for! Was I supposed to know this? Do I have any recourse?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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Ask for a waiver of court fees . You can find the proper forms here :
http://www.courtinfo.ca.gov/cgi-bin/forms.cgi
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2223
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Why is he petitioning to terminate?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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SS
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Dorothy
New
Reged: 05/25/08
Posts: 24
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He states we were married for 24 years. He's paid for 12 years, and thinks he's paid long enough. We were married 26 years 7 months. He states I am self sufficient now, and I live with my boyfriend which I do not. And he has alot of bills.
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Dorothy
New
Reged: 05/25/08
Posts: 24
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On what grounds? On the grounds of ignorance? Is there a criteria as to whether it would be granted or not?
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Dorothy
New
Reged: 05/25/08
Posts: 24
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I don't qualify for the fees to be waived. So, I was just supposed to know I was to file a Response, when I was served with the divorce papers?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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You're caught in bureaucratic hell . It may be the normal charge for filing a motion in your state/county and the person responding explained it poorly .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2223
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What alleged evidence does he have that you live with your boyfriend?
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bootstrapjro
New
Reged: 11/23/07
Posts: 12
Loc: OK
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My question is why don't you break the SS with your EX and just move on with your life and not look back? I was married for 20 years and divorced for 10 years and still paying SS and I'd rather not have the monthly reminders of my EX. I was thinking about going back to court and petition the court to have a final date for SS.
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Boot
Edited by bootstrapjro (07/01/08 08:39 AM)
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