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 Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I had a final judgement and need my ex husband to have a voc

Customer Question

I had a final judgement and need my ex husband to have a voc eval to establish his income potential. He was "fired" one month before trial from a high paying job and imputed income at an amount 1/8th of his previous. I didn't know enough to impute then. I filed my supplemental petition for modification of child support with an updated financial affidavit.
To file the notice of vocational eval under 1.360:
1. Do I need to first make the arrangements with the evaluator?
2. Is it a conflict to use the same evaluator that did my vocational?
3. Is there a way to ask that he pays for the evaluation upfront himself since I can't afford it at all?
Thanks so much
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1. Do I need to first make the arrangements with the evaluator?

No. One files the motion/pleading requesting the evaluation, and then the Court can order it. If so, it would go to an evaluator - likely the one already familiar with the case.

2. Is it a conflict to use the same evaluator that did my vocational?

Not at all.

3. Is there a way to ask that he pays for the evaluation upfront himself since I can't afford it at all?

You can ask, but it would be up to the Judge. This can be included in the motion. Normally the parties split the fee, however, the Judge can change that standard if there are mitigating factors.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 8 months ago.
I include a request that he pays in my motion/pleading? Do I then send it to the JA to request that she set it for hearing and fike my notice?
Expert:  Ely replied 8 months ago.

So, I include a request that he pays in my motion/pleading?

Yes.

Do I then send it to the JA to request that she set it for hearing and fike my notice?

Do you mean do you send it to the Court? Yes, and then one calls the court's clerk/coordinator and ask that the Court set the matter for a hearing. Correct. Notice has to be served unto the other party for the motion and the date/time of the hearing, as well.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
Another question:
I have tried many avenues but can't find an attorney that will help without a retainer. I filed a motion for attorney fees (didn't ask at trial so it was dismissed) post judgement, but the other side says I need to retain someone first. Is there a way to get fees to use to retain an attorney? Are there attorneys that will accept a case and first appear to testify for attorney's fees? Whay do I do as I really need help. Legal aid is unhelp
Expert:  Ely replied 8 months ago.

I am sorry to say that the Court will not normally award fees for future filings. Some attorneys may agree to represent you in exchange for possibly being paid via court order, but not many - the reason being that there is no guarantee the Court will agree to award those fees.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
After I filed my supplemental petition to modify support, I filed my financial affidavit after the 45 days as required. I filed it now but should I still file an answer to their motion to dismiss? What should I say because I missed the deadline only because I thought it was 45 days from serving him not from the date of filing. Will I be ok?
Expert:  Ely replied 8 months ago.

Yes, a reply to Motion to Dismiss is recommended. However, the motion to dismiss matter is outside the vein from your original question (follow ups are meant for questions within the same topic). If you can open up a new thread to ask this, it would be appreciated. Alternatively, I can opt out and open this up for others - let me now.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.