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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90219
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Good morning and thank you, XXXXX XXXXX Master finished a Child

Customer Question

Good morning and thank you, XXXXX XXXXX Master finished a Child Support Report in 2008, he did not submit it to the Court. My lawyer at the time was already off the case. I have requested the Special Master to submit the report, he still hasn't. He called the Court, now there is a Delay Prevention. What "pleading'?? would I need to promptly submit this report to the court? I am in Virgnia.(PS, I had submitted to the Special Master the numerous public docs showing the former husband hiding funds until the report was finished, the Special Master sent the report to the former husband and not to me)
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
You have to file a Praecipe and Motion to compel Production of the Special Master Report in the court and ask the court to order the report be produced. In your motion you would explain that the report was submitted to your ex husband but has neglected to send it to the court or to you despite your requests for the report. In addition to the motion you would serve your husband with a Request for Production of Documents and ask him to produce the master's report to you. Also, you need to begin filing motions in your case to get the case heard and decided and get your evidence of fraud presented to the court and to get the your case regarding the master's report heard.


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Customer: replied 2 years ago.


Thank you, XXXXX XXXXX Would the motion to get the case heard by an order to compel?


 


I would hire an attorney there, but my current husband is in Afganistan and I am still fighting for the Home Equity ordered 15 years ago. I must do this the best that I can. Thank you.

Expert:  Law Educator, Esq. replied 2 years ago.
You can file a motion for a hearing on the support or a motion for an order to show cause for contempt for not being paid the home equity. Please realize that as we cannot review everything done in the case to date it is a bit difficult to tell you exactly the motion or pleading needed to move your case along and we are just going off the limited information you are telling us. Also, you could consider contacting legal aid there as well to get some assistance in proceeding. The problem with these cases is that there are so many different things going on that resolving them can be just a series of motions that need to be filed and that is why the file needs to be examined.
Customer: replied 2 years ago.

Thank you. I have filed a comtempt charge on the equity.


I appreciate your quick replies. I will do the best I can from here,The Court had appointed the Special Master to muck through everything and prepare the figures for the Support. It was supposed to be done in 45 days, three years later and countless comtempt threats, it was done.


 


My youngest child is now in his third year of college. :)


 


Again, I appreciate the advice. It is a place to start.

Expert:  Law Educator, Esq. replied 2 years ago.
This is sad when this takes so long and I am sure he is dragging things out because of the hidden income, but you need to get the matter back into court and you have to be the one to force the hearings now since he is in no rush to move forward.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90219
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 6 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.


I have finished everything except a motion to get the case heard and decided.


 


What would my motion be? any suggestions?


Please

Expert:  Law Educator, Esq. replied 2 years ago.
The motion would be a motion for a hearing on whatever is left in the case that has to be decided. In your motion you need to list the issues that have not been decided and state your grounds for why it is now time for a hearing.
Customer: replied 2 years ago.


Thank you very much; that is understood. My brain is fried and I my six boxes of legal documents are not available. Is there such a thing as a Motion for a Hearing?


My problem is I am unsure of the "Title" I have the body down, it is the type of motion or request that I need to make.


My mind is just overdone.

Expert:  Law Educator, Esq. replied 2 years ago.
I know that can get your brain fried. It happens to lawyers all of the time. Yes, if no hearing is scheduled, you can file a motion for a hearing and you need to tell the court what you want the hearing on. the Title is Motion for Hearing on X (whatever you want decided, such as marital property settlement or spousal support or child support).
Customer: replied 2 years ago.


You Rock! Blessings!

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you.

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