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  #1  
Old 06-17-2009, 11:17 PM
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Join Date: Jun 2009
Posts: 16

Does a court order enter by default?


What is the name of your state (only U.S. law)? MI

Does the court order just vanish in thin air if no one enters the order?

About 30 days ago, I was in court with my ex and our attorneys. I had filed a motion because he had continuously shorted my spousal and child support for 20 months. In court the judge told my ex and his attorney that he was required to pay the proper amount, plus the arrearage. In response to my motion, my ex had filed motions of his own regarding visitation, sale of the house, and recovering belongings he was due from the divorce. All matters were discussed in court that day and I thought things were over with.

At the end of the court proceeding, the judge told my ex's atty to "write up the order", regarding the issues discussed.

His attorney forwarded to me his version of what was discussed. i thought he missed a few important issues, like paying back support. My atty agreed and requested a copy of the court transcript.

30 days later, my ex's atty won't talk to anyone because he has not been paid. My atty is basically doing nothing because the other atty was told by the judge to enter the order. My atty even asked for another $1500 on top of the $2500 I gave him already, which I paid him, yet no order from court 30 days ago has been entered. For my $4000 he filed a response to my ex's motions and came to court for about an hour.

Anyway..my question is...if no "order" is entered by either of the attorneys, does the court eventually follow up? Do they enter a default order? Is the matter just left open forever?

It appears the only way for me to get my proper support payment with retro is for the order to be entered, yet neither atty wants any part of it.

Confused? you bet i am.
  #2  
Old 06-18-2009, 06:14 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,796
[url]http://forum.freeadvice.com/search.php?searchid=2381583[/url]


Based on the above posts, I think everyone should be reminded of who you are. Give them the full information before they decide to answer or not.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 06-18-2009, 08:43 AM
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Quote:
Originally Posted by Ohiogal View Post
[url]http://forum.freeadvice.com/search.php?searchid=2381583[/url]


Based on the above posts, I think everyone should be reminded of who you are. Give them the full information before they decide to answer or not.
Ummmm, if is all the same to you, I choose to remain anonymous. I do have an ex spouse who is currently on probation for assaulting me. I would rather he not know I am here. Is that ok? Perhaps I should read the "rules' again and look for the paragraph where I must disclose my name.

Also, I thought I gave enough information to answer my question? Why does it matter "WHO" I am? If I change my sign-on and ask the same question, how would you know?

Last edited by spock2001us; 06-18-2009 at 08:48 AM.
  #4  
Old 06-18-2009, 05:59 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,796
Quote:
Originally Posted by spock2001us View Post
Ummmm, if is all the same to you, I choose to remain anonymous. I do have an ex spouse who is currently on probation for assaulting me. I would rather he not know I am here. Is that ok? Perhaps I should read the "rules' again and look for the paragraph where I must disclose my name.

Also, I thought I gave enough information to answer my question? Why does it matter "WHO" I am? If I change my sign-on and ask the same question, how would you know?
Never said that anyone needed your real name. I was reminding people of who you are based on your posting history. And we catch on rather quickly to people who post under different user names.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 06-18-2009, 06:16 PM
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Join Date: Dec 2007
Location: Thebes
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Quote:
Originally Posted by Ohiogal View Post
Never said that anyone needed your real name. I was reminding people of who you are based on your posting history. And we catch on rather quickly to people who post under different user names.
OG, I don't understand why you don't want to assist this poster who so eloquently and lovingly thanked you for your the advice your gave to her prior questions
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #6  
Old 06-18-2009, 06:22 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,796
Quote:
Originally Posted by Wirelessany1 View Post
OG, I don't understand why you don't want to assist this poster who so eloquently and lovingly thanked you for your the advice your gave to her prior questions
I figure LD can assist her. She seems to have a soft spot for this one.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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