Good Day! I'm a Family Law expert here at JA and will do my best to assist you. Please remember, though, I can only provide general information. What state is this in regards to?
Thanks. Every motion requires an answer, otherwise the judge will not be able to see the respondent's position. While one can object to an evaluation, generally such objections are denied, unless the party is gainfully employed, because such an evaluation gives the court an idea as to the party's potential earning capability.
It would generally be reasonable to propose an alternative organization, particularly if it is more convenient for the party undergoing the evaluation.
I am self-employed and the opportunity cost of seeking w2 employment would outweigh the benefit, given the current employment market and the fact that I have been in business for myself for 13 years.
Is that grounds for objection? And, is it to late to file an answer since the hearing is tomorrow morning?
Instead of filing an answer, I asked for a continuance and was denied
Yes, that would actually be a strong ground for objecting. An answer generally needs filed and served 5 days prior to the hearing (this varies by local rule); a request for a continuance can be requested (either by stipulation of the parties or by requesting the court, at the hearing, to grant a continuance. Generally you need a valid reason- one often used is that the party is in the process of retaining legal counsel).
Yes, I was denied the continuance on the 30th, and had not prepared an answer prior to that as I just received the motions on the 21st and was told to first try to ask my spouse's attorney for more time in an effort to show cooperation. He didn't reply until the 29th, I filed a request for a continuance on the 30th. Do I have any recourse at this point?
If the court already denied the continuance then unfortunately no (I'm surprised they denied it when the attorney took that long to respond!!) Since the hearing is scheduled for tomorrow, it is generally best to put together some kind of answer, at least bullet pointing your assertions, and asking that the court allow you to submit it since you just received the attorney's refusal to stipulate to a continuance. There would be no harm in renewing your request for a continuance tomorrow, based on the late response. To help you anticipate what is involved in a voc eval (so you can respond accordingly) please see:http://www.iabar.net/CLEINDEX2002.nsf/2de34647064844cb862565330055898e/8a65238ea029b2f6862571010052b68b/$FILE/Bill%20Asenjo%20Outline.pdf
You are welcome. Good luck with this (I would think the judge would show some lenience because of the attorney's delay).
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