magistrate

[deecopperpot]

What is the name of your state? FL

Fiance went to court and pleaded his case in front of a magistrate. That was a month ago...how long does it normally take for a response. His ex wants an increase in alimony as she has an increase in her spending habits.

Thank you!

 

[Gracie3787]

What is the name of your state? FL

Fiance went to court and pleaded his case in front of a magistrate. That was a month ago...how long does it normally take for a response. His ex wants an increase in alimony as she has an increase in her spending habits.

Thank you!

Each county has it's own rules as to who is responsible for writing up a court order. Your fiance will need to contact the court clerk to find out how it is done in your county, and then speak to whoever is responsible for writing the order.

 

[LdiJ]

Each county has it's own rules as to who is responsible for writing up a court order. Your fiance will need to contact the court clerk to find out how it is done in your county, and then speak to whoever is responsible for writing the order.

Gracie, I think that she is saying that the judge didn't make a decision in court. I think she is asking how long the judge has to make the decision. Therefore they are not yet at the point of "who writes up the orders".

 

[deecopperpot]

Magistrate

Ldij is correct. The magistrate had the court session (took 3 hours) and now going on 5 weeks with no decision. Is this a good thing or a bad thing? My fiance is still waiting to hear the magistrate's decision. I told him that as much as he is impatient to know the decision his ex is probably running to the mailbox every day. It was to decide if the alimony went up, down or remained the same. The divorce degree said modifiable and she wanted more so he proved that he was making less so it should be decreased. Some of the proof he came up with showed she signed fraudulent loan mortages (2 of them) actually lying about her income to get them and now she is having trouble paying. Could that be the hold up?

Thank you

 

[Bali Hai]

Ldij is correct. The magistrate had the court session (took 3 hours) and now going on 5 weeks with no decision. Is this a good thing or a bad thing?

Probably bad.

My fiance is still waiting to hear the magistrate's decision. I told him that as much as he is impatient to know the decision his ex is probably running to the mailbox every day.

Can she run to WORK everyday!!!

It was to decide if the alimony went up, down or remained the same. The divorce degree said modifiable and she wanted more so he proved that he was making less so it should be decreased.

Well she is the Plaintiff and wants more. From everything I have read here, it's up to him to PROVE he can't pay more. Can he get three jobs???

Some of the proof he came up with showed she signed fraudulent loan mortages (2 of them) actually lying about her income to get them and now she is having trouble paying. Could that be the hold up?

Thank you

No, the holdup is the judge deciding how much MORE of an increase to order!!

 

[deecopperpot]

Magistrate

......or on the positive side how much to DECREASE...she cannot pay her two mortgages that she took out AFTER the divorce and they were fraudulent as shown in the court room. She lied about her income to get them and then signed the loan forms and her son in law was the loan officer.

No he cannot work three jobs...he will when she gets ONE full time job.

 

[tuffbrk]

Dee - may have had more of an impact to have just simply stated that she is now earning $X based upon the mortgage applications (and BTW - how did you all get your hands on them?!) and as a result of her increased financial position, a decrease should be awarded.

Then SHE would have had to then "prove" to the courts that she misrepresented information on government forms. The way it sounds as if it was done is that your friend has accused her of misrepresentation on applications which has nothing whatsoever to do with her ability to earn $X motnhly...

Just a thought - I mean, if the fraud is proven - how does it help your friend's case? That she doesn't manage money well?! And then after proving fraud then it had to also be proven that the only reason she wants an increase is because she mismanages money? All that matters is if income differences increased since the original decision your friend is going to be ordered to pay more...IDK - maybe I'm missing a crucial piece. Just know that type of tactic didn't help me at all. Ex misrepresented multiple times to multiple government agencies - proven in writing - and the court did not care whatsoever.

 

[deecopperpot]

Magistrate

Thanks alot of your input. He obtained these papers because she brought them to court proving her money issues. Her lawyer obviously did not look them over. Not the brightest but very manipulative and it works for women in FL. My friend does earn less than when the original order was made so still waiting to hear. He never would have gone for less but she brought him to court for more. Never satified....

Thanks