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  1. #1

    Default How to Get a Deposition Rescheduled

    My question involves a child custody case from the State of: TN

    Hello everyone! Our case is almost concluded, but I have a couple of questions. I do not have a lawyer.

    We have come to an agreement on everything - 50/50 time which will result in zero child support after arrears are paid, but I am keeping the tax exemption every year because I absorb ALL the cost of homeschooling (including field trips, school materials, and other activities about $4000/year) which father now supports continuing. A year ago, I would never have agreed to this, but father is trying to be a better dad and we are talking about everything together now, so we are on a better path to co-parenting well.

    Opposing attorney scheduled me for a deposition blindly, which happens to occur during a planned vacation. She will not reschedule, so I will be missing the deposition. We have an agreement, and I just need to go sign it. Father is pressing to sign it today because I will be gone on vacation all next week. Is there any penalty for missing a deposition when there is an agreement that just needs to be signed? Is there some other reason that he might be pressing me to sign immediately when our court date is over a month away?

    Thanks for your thoughts.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Responding for Deposition

    The father's lawyer works for the father.

    If you and he sign an agreement today (make sure it's in duplicate and you keep a copy with both signatures), he gives it to his lawyer and says "lawyer - file this agreement with the court and cancel the deposition."

    See how that works?

    Is there some other reason that he might be pressing me to sign immediately when our court date is over a month away?
    I don't know. You know him better than I do.

    Presumably you have thoroughly read and understood the terms of the agreement and all if its potential consequences and advantages and are OK with it.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: How to Get a Deposition Rescheduled

    Quote Quoting Mom521
    View Post
    Is there some other reason that he might be pressing me to sign immediately when our court date is over a month away?

    Thanks for your thoughts.
    The obvious reason is because whatever that agreement is benefits him over you and you are not represented by an attorney to protect your position now and in the future.

    Assuming this agreement is a Marital Dissolution Agreement (MDA) that will likely be incorporated into the final divorce decree, it will have far reaching implications in the future should circumstances change for your or your EX. This is not a pro se DIY situation.

    You need to hire an attorney to review the MDA before you consider signing it.

  4. #4
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: How to Get a Deposition Rescheduled

    If you miss a deposition for a vacation you could be held in contempt. There could be legal issues for you. If you sign the agreement, you could argue that you reached agreement and NOT face legal repercussions.

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