Default, Certificate of Mandatory Disclosure and Income Deduction Order

[JLGumpert]

1) If I understand correctly, the Certificate of Compliance with Mandatory Disclosure must be filed with the court within 45 days of Service of Petition. However, my spouse is required to file a response with the court within 20 days of reciept of Service.

If my spouse defaults and do NOT respond to the petition, will I still be required to provide the court with the substantial amount of paperwork? or is Mandatory disclosure waived because of non-repsonse?

2) At what point, if at all, would it be appropriate to file the 12.996(a) Income Deduction order? Based on the directions, it seems that I am meant to send the Income Deduction Order directly to the judge after the case is closed (copy to Obliger/Respondant, retain one for myself) with a letter indicating my spouses either agreement or disagreement with the request and a pre-addressed stamped envelope. Am I understanding this correctly? Can it be filed prior to hearing and ruled on at my hearing?

THANK YOU FOR YOUR HELP - this site has saved my sanity.

[Attorney Howard Iken]

An IDO can be presented to the judge anytime after the order for child support is signed. That can be at the same hearing.

In a default, technically you do not need to submit disclosure. However you still must be prepared to show the judge facts supporting your entitlement to anything requested.