How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38793
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

WHats next?

Resolved Question:

WHats next?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post.

My apologies, what is your question? How can I assist you?
Customer: replied 1 year ago.

I am Plaintiff, pro se, I filed a Supplemntal Petition to Modify Child Support and Request for Production from Respondent. They refused.
Stating they already provided documents prior to dissolution last August. I filed a Motion to Compel (like I did prior) but to no avail. I know and have some evidence of Respondent 'hidden money' and testimony of her expert witness that lied. She refused to provide current documents after dissolution and the missing documents never produced prior. All essential. SHe underreported income and I have some proof but need the Production. Do I, am I allowed to, and how to files a Subpoena Duces Tecum in Florida if I am allowed. FIling a Motion to Compel, i dont know whats next.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Armando.

Did the judge agree with your initial motion to compel. That is, did he grant it? Or was your motion denied, dismissed, or was it simply granted but ignored?
Customer: replied 1 year ago.

In the past, previous Judge did nothing to my Motions to Compel. Am i to wait for Judge, or do I take a next step?


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Armando,

The reason I asked is because typically if a motion to compel is granted but ignored, the next step after that is to file a petition for contempt of court. But if a judge never granted your motion to compel, you must first wait until the motion is granted since until it is granted the other party is under no legal obligation to honor your requests. Therefore you have to wait for the judge to rule, grant you the motion to compel, allow you to serve it upon the other party, and give them time to comply. But until and if that motion is granted you have no real option but to wait as there is as yet no violation by the other party in failing to honor the initial request.

Hope that helps and good luck to you!

Customer: replied 1 year ago.

Thank you. But what if the Judge takes no action about the Motion? Like prior Judge?

Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome, Armando. Glad to help.

The issue is that judge has complete discretion in how he or she runs the courtroom or the cases on the docket. The judge had complete discretion in putting off ruling on motions, and not even counsel can somehow force the judge to rule.

About the only other options would be to ask for progress from the judge via his clerk, or if you think he is intentionally violating your rights, to file a complaint accusing the judge of violating the judicial code of conflict. You could then ask for a new judge to take over. But beyond that you do just have to wait and see as even an attorney cannot force a judge to do something he may not want to do.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38793
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
7392 Satisfied Customers
I provide family and divorce law advice to my clients in my firm.