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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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We had court 8/10 and was continued to 9/7 over retirement.

Customer Question

we had court 8/10 and was continued to 9/7 over retirement. The judge gave me until 8/24 to file my response to my stbx attorney I did so on the 19th. He filed a response to my response on 8/30 , I got it in the mail after 3:00pm on sept 1st (note it was a 3 day weekend). there was no way I could file and serve his attoreny a second response being court is tom at 1:00 pm. 2 quistions was the attorney filing on the 30th and a mail serve vailid being the time from the court date and next will the judge allow me to speak in return to what his atorney wrote. this is a fairly cut and dry my ex has 12.724 years in cal pers and is on industrial disablity. he worked 9 years of it during our marriage the other years WE bought during the marriage to make it 12 rather then 9. Basiclly it is a calpers model C split when he turns 50 on feb 05, 2026 I am asking for %50 of the service credit that the payment converts to on that date and any amout abouve the service credit to remain his seprate prperty ( still a cal pers model C) I agree the industrial disablity from pers is his seprate non taxed income until feb 05 2026.
Submitted: 10 months ago.
Category: Family Law
Expert:  Maverick replied 10 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 10 months ago.

Generally, the party the filed the motion has a right to file a reply; but it ends there. So, if the other side filed a motion, then you would have a right to file a response to that motion; and then the other side would have a right to file a reply to your response. Usually, even if you get their reply even a day before the hearing most judges will not reset the hearing on those grounds since you will have an opportunity to argue your "surreply" [your reply to their reply] at the hearing.

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Customer: replied 10 months ago.
ok, i am prepared to counter each marriage they used, but it will have to be in front of the judge, and tell judge I am still asking for a basic calpers model C the only diffence is it starts 2026 and any amout over his service credit during the marriage is still his seprate income but i want %50 of his 12.7 years being we were married and bought 3 to 4 of those years out of marital funds. a basic model C service credit calculation
Expert:  Maverick replied 10 months ago.