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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26427
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My ex-wife has filed a motion in the state of Ohio to modify

Resolved Question:

My ex-wife has filed a motion in the state of Ohio to modify our Parenting agreement. The next step (as I understand it) is that "pre-trial" date has been set. I understand that the pre-trial is designed to be attended by my my attorney, my ex-wife's attorney, and the county magistrate. It appears that the clients (i.e. myself and ex-wife) are not supposed to attend. My question for you... Is this true? What is the purpose of the "pre-trial"? Is this a normal procedure for Ohio family law? I am not particularly fond of my attorney and was thinking of releasing him. If I released him just before the "pre-trial", would I need to represent myself or would this be grounds to delay the pre-trial date i.e. I need to find appropriate counsel? What happens if I simply do not want a "pre-trial? I'm looking for any way in which this process can be delayed as long as possible as my wife's motion has no legal grounds - I wish to stall. Any help would be appreciated.
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Usually, a pre-trial conference is attended by the parties and their attorneys.

 

If you were to terminate your attorney right before, you could ask the judge to give you hire to secure alternate counsel, but the judge doesn't have to allow it. He could require you to proceed on your own.

 

You've got to attend the pre-trial conference. It is part of the trial process.

 

Your best option to stall is to ask for a continuance to secure new counsel if you terminate your current lawyer.

 

If you don't have something like this to delay the proceedings, you have the right to request a continuance, but if you don't have good reason, it's not going be granted.

 

 

Customer: replied 3 years ago.
Hi Kirk. Thank you. I was looking for more depth regarding the purpose of the pre-trial. Is this typically a session where the judge tries to see if there is a way to resolve the matter (i.e. mediation) or is this basically the first step to trial - it is assumed the parties cannot resolve the issue and the judge is getting appraised of the situation and preparing for a trial? The issue in my case is that my ex-wife relocated our son 8 months ago from NH. We reached a revised parenting plan (approved in the state of NH) through a mediation. Part of that revised agreement was a new visitation plan and revised child support. Now that my ex-wife knows that my son is officially in Ohio, and Ohio law prevails moving forward, she is simply filing a motion to change the visitation plan (claiming that the out of state travel for my son is too burdensome) and, naturally, wants more money - i.e. requests re-calculation of child support. My understanding is that now matter what we agreed and have in our revised NH agreement is relevant now - she can recalculate chid support at any time; she can claim that travel is a problem for our son (7 years old) and demand that my visitation occur in Ohio if I wish to excercise my parenting time. My ex-wife wife is a cruel, devious woman. Any more clarification or advice would be fantastic - I will accept your answer!
Expert:  Roger replied 3 years ago.

A pre-trial conference is meant to get all of the parties together and try to work out a settlement, and also to go over any issues that may need resolving before trial - motions, evidentiary issues, etc.

 

As for modifying child support, there must be some material and significant change in circumstances to warrant a modification of child support. Thus, she can't just arbitrarily seek changes, but if a change occurs, there would be grounds to seek a modification of support.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26427
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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