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Told to do but not going in order

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tigger22472

Senior Member
What is the name of your state? Indiana

Ok.. I know by coming here we tell people that if it's not in the order it doesn't have to be done. HOWEVER.. what if the judge tells you to do it?

DH had a mod hearing today. There were issues that the judge said for the parties to do but then told the opposing cousel to write up the order and only put X and X in it. Opposing counsel even asked about other things and he said no...to let the parties deal with it!!

Question is.. if parties don't abide by it what can be done?
 


I AM ALWAYS LIABLE

Senior Member
tigger22472 said:
What is the name of your state? Indiana

Ok.. I know by coming here we tell people that if it's not in the order it doesn't have to be done. HOWEVER.. what if the judge tells you to do it?

DH had a mod hearing today. There were issues that the judge said for the parties to do but then told the opposing cousel to write up the order and only put X and X in it. Opposing counsel even asked about other things and he said no...to let the parties deal with it!!

Question is.. if parties don't abide by it what can be done?

My response:

You're right. Unless it's in the order, then it's merely a "suggestion" - - and suggestions are unenforceable. So, if XX was ordered, but YY was suggested, then nothing can be done if the parties don't do YY.

IAAL
 

tigger22472

Senior Member
K.. dumb question BUT... what would be the point in ordering something but then not putting it in an order?

Two examples of today... Dh was ordered to give ex half of monies daughter receives from SS benefits... DH questioned it, more then once, Judge said she was entitled to it... OK.. when opposing counsel asked about putting that in the order the judge said no and yet DH had JUST asked him about it.

The judge 'ordered' several things today.. such as different holiday visitation, First Rights, parental notification, saying it 'should be done this way' etc.

The only two things he told opposing council to put in order is the insurance change and putting dh's name on an account with mother for daughter. When the opposing council asked about the other 'monies' he said "no, let the parties deal with it, just put those two things."
 

I AM ALWAYS LIABLE

Senior Member
tigger22472 said:
K.. dumb question BUT... what would be the point in ordering something but then not putting it in an order?

Two examples of today... Dh was ordered to give ex half of monies daughter receives from SS benefits... DH questioned it, more then once, Judge said she was entitled to it... OK.. when opposing counsel asked about putting that in the order the judge said no and yet DH had JUST asked him about it.

The judge 'ordered' several things today.. such as different holiday visitation, First Rights, parental notification, saying it 'should be done this way' etc.

The only two things he told opposing council to put in order is the insurance change and putting dh's name on an account with mother for daughter. When the opposing council asked about the other 'monies' he said "no, let the parties deal with it, just put those two things."

My response:

Then they weren't orders. They were "strong" suggestions. The only things that "count" as far as the law and court is concerned is what's placed in the official order. Period. That's it.

IAAL
 

tigger22472

Senior Member
Thank you.. so in essence they can't be held in contempt but if it went back to court he could give a hard time and then order it. ( :rolleyes: wonders why he just didn't order it in the first place...basically did the WHOLE mod that way.. URG!!)
 

I AM ALWAYS LIABLE

Senior Member
tigger22472 said:
Thank you.. so in essence they can't be held in contempt but if it went back to court he could give a hard time and then order it. ( :rolleyes: wonders why he just didn't order it in the first place...basically did the WHOLE mod that way.. URG!!)

My response:

It's possible, but unlikely. Judges usually keep notes in the file concerning what was actually ordered. So, by the time you go back into court for this, and 1827 couples later when the judge hears your issues again, do you really believe he'll remember what he "suggested"?

Do you know why the judge wouldn't actually make those orders? (That's a question to which I already know the answer).

IAAL
 

tigger22472

Senior Member
I AM ALWAYS LIABLE said:
Do you know why the judge wouldn't actually make those orders? (That's a question to which I already know the answer).

IAAL

Yeah, cuz he was an A** LOL

No, he just kept saying that if they couldn't agree someone needed to file for custody. They have 50/50 joint physical AND legal although he seemed to forget that! DH was explaining that the original was too vauge and needed clarification and made clear. In fact DH was sitting there with mountains of evidence and etc... and the mod had mainly STANDARD things such as times for pick-up and drop-off (which ex wouldn't necessarily argue) that the judge said wasn't needed and actually said was just dumb to put in. He told DH.. literally he had 'too much time on his hands'. The mod had dealt with a few large issues that needed settled and since he was going we wanted this to be a one time deal so he was clarifying other things they've had a problem with. Judge pretty much ignored most of it. He did tell DH to file for support though consider ex makes between 80,000-100,000 a year and dh lives on SSD.

I live in a small town... he'd remember us I'm sure.
 

tigger22472

Senior Member
I AM ALWAYS LIABLE said:
Do you know why the judge wouldn't actually make those orders? (That's a question to which I already know the answer).

IAAL

Ok.. don't leave me hanging.. what is your answer as to why he would do this?
 

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