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My fiance has a pre-trial hearing in a few weeks as his ex is requesting more child support, more $$ for kids' expenses, for him to pay some of her health insurance - the list goes on. He can no longer afford an attorney and has been doing ok so far. He's hoping they can settle out of court, but if not, he needs to prepare for trial. We understand he needs to submit a pre-trial memorandum. Does anyone know if this is filed before the hearing or does he bring it with him the day of the hearing? We have been searching through web sites, but can't find anything that shows when this is due.

Also, he subpoenaed info from his ex regarding her business and she has not provided him with any of the documents he requested. Does he include this in the pre-trial memorandum and ask that she be forced to comply? Thanks for any help!

Take what the high end earnings are for her profession in the area, if she won't provide them, and introduce that info if you go to court. She will come with the documents in a hurry....and if she doesn't, then you know she's making even more than what you suggested.

Read the notice and order of pre-trial conference from the court. It should say whether the memorandum must be filed before the day of the court appearance. It is always prudent to bring an extra copy to court, even if the memorandum is filed ahead of time. The papers don't always travel from the mailroom to the courtroom. A copy of the memorandum should be served on the opposing party when it is filed with the court.

Thanks - he found the notice and has to file with the court and copy opposing counsel 3 days before the pre-hearing. He has multiple copies of all documents as it always seems ex's lawyer or the judge are missing something!

Astro, your suggestion of using high end earnings for her profession is a great idea. She fudges the income for her business and the judge doesn't seem to care. Last time they were in court, his lawyer proved she mixed her business and personal expenses - should have been found guilty of perjury, but that doesn't happen in probate court.