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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14451
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Could you tell me if their is anything I can do to move along

Resolved Question:

Could you tell me if their is anything I can do to move along a decision from a Magistrate in a Child Support Modification initiated by my ex?

Court date was May 24, 2013 of which my Ex and his attorney's case was diminished by my testimony and key witness about hiding income, assets and being voluntarily unemployed. As of today no decision from the Magistrate.
This case was a circus at best but did what I could on Pro se and using legal advice from attorney's on the different avenues of full discovery process.
The Magistrate exhibited being prejudice against me early on in the discover, I asked for a recuse. He refused on the grounds I didn't get my recuse motion notorized and felt there wasn't evidence, when there was plenty?
So here I am waiting for a decision I feel is being drawn out since the Petitioner my ex's case is weak after our day in court.
What are my options?
I was told the clerk is the one who handles the Magistrate's schedule and she could be putting it on the back burner due to her relationship with my ex's council?
Do I call and ask her what is going on? Do I send a letter to the head Judge in that division asking for him to look into what is the hold up?

Thank you for the help?
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there

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I am sorry to hear about this situation. At this point, your best bet is to contact the clerk of court's office at the court where the hearings have been held and ask if they have any idea when the decision will be issued in the case. There could be any number of reasons for the delay and right now it has only been about 6 weeks -- I have seen these cases take as many as 90 days for the court to issue decisions in these cases (the courts move slowly and since your hearing there has been the Memorial Day weekend and now we are in the Independence Day weekend so that could be part of the holdup in this matter -- days off and vacations). However, it cannot hurt to call the clerk's office once a week for the next 4-6 weeks to see where the decision is and what the hold up on it is and if you do not get a definitive answer on this by the end of 90 days then you may want to take your inquiry a little bit higher to the chief judge of the court.

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Please let me know if you have any further questions.

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MARY

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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14451
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
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