Not sure about this

[cheesecake46580]

What is the name of your state (only U.S. law)? IN
Ok we went to court a month ago and agreed to everything we wanted before we went infront of the judge. We had a stipulation hearing so the attorneys on each side went over what what agreed to by myself and my ex. My ex's attorney was to prepair the order and enter it by friday(that is what he told the judge) Well it has not been done. I got half of the 401 K and my attorney already had the quardo done to do that.(we can't submit it until we have an order) We had agreed in court to keep our son on the same schedule as my daughter(from a pervious marrage) he now says he did not agree to that. My attorney had faxed and called his attorney and has not gotten any response. Any ideas on what can be done? My attorney said she will call and offer to do the order she was just going to let his attorney do it so he could pay for the cost. This is just a mess any ideas?

 

[cheesecake46580]

No one has any ideas?

 

[mistoffolees]

What is the name of your state (only U.S. law)? IN
Ok we went to court a month ago and agreed to everything we wanted before we went infront of the judge. We had a stipulation hearing so the attorneys on each side went over what what agreed to by myself and my ex. My ex's attorney was to prepair the order and enter it by friday(that is what he told the judge) Well it has not been done. I got half of the 401 K and my attorney already had the quardo done to do that.(we can't submit it until we have an order) We had agreed in court to keep our son on the same schedule as my daughter(from a pervious marrage) he now says he did not agree to that. My attorney had faxed and called his attorney and has not gotten any response. Any ideas on what can be done? My attorney said she will call and offer to do the order she was just going to let his attorney do it so he could pay for the cost. This is just a mess any ideas?

Honestly, a little patience wouldn't hurt (posting a followup after only 8 hours on a board full of volunteers who don't always have time to respond right away isn't necessary). Have your attorney try to reach his attorney again. However, you may end up having to go through the entire process - formal hearing, etc. If your husband doesn't agree with the terms, you can't make him - only a judge can do that. So it's worth a little extra effort to find something that you can both agree to before going through the full hearing process.

 

[cheesecake46580]

We did agree to everything and then went infront of the judge that same day. That is what I am confused about?

 

[LdiJ]

We did agree to everything and then went infront of the judge that same day. That is what I am confused about?

Then let your attorney write it up and submit it to the judge. You husband is obviously having second thoughts about what he agreed to in court, and the only way to make it stick is to have your attorney submit the order to the judge.

 

[cheesecake46580]

I had thought about that to. I am going to e mail her and ask her to do that. So can he change his mind now that we told the judge what we agree to and he ordered the attorney to write it up?
Thanks

 

[LdiJ]

I had thought about that to. I am going to e mail her and ask her to do that. So can he change his mind now that we told the judge what we agree to and he ordered the attorney to write it up?
Thanks

No, he really cannot change his mind, but unless you and your attorney react assertively and make sure that the order gets written based on the court agreements he can delay things and possibly get things sent back to mediation.

 

[mistoffolees]

No, he really cannot change his mind

It's not quite that simple - unless they paid for transcription of the hearing.

He could argue that circumstances changed. Or he could argue that OP isn't remembering things correctly and it's not what he agreed to.

Still, the first step is to have her attorney write it up and submit it. If he objects, she'll have to deal with it.

 

[cheesecake46580]

Well it has been over a month and still no order. I have contacted my attorney she is just waiting for the order. I am so mad. I found a house I love and the 1/2 of the 401k will be enough to pay off all bills and put the down payment down and if it is done by the 31 of april I get most of it back. Also I think this would be the change I would need to file for custody for a modify?

 

[Silverplum]

Well it has been over a month and still no order. I have contacted my attorney she is just waiting for the order. I am so mad. I found a house I love and the 1/2 of the 401k will be enough to pay off all bills and put the down payment down and if it is done by the 31 of april I get most of it back. Also I think this would be the change I would need to file for custody for a modify?

Why on earth would you think that??

 

[cheesecake46580]

I am ncp I want to be cp. I am in better health now and getting on my feet. I do almost all of the doctors appts, dentest, school activities ect. I am doing the custodial thing but am the ncp. My kids miss each other so much being split up. My son has a 1/2 sis he has grown up with and they miss each other so much.

 

[mistoffolees]

Well it has been over a month and still no order. I have contacted my attorney she is just waiting for the order. I am so mad. I found a house I love and the 1/2 of the 401k will be enough to pay off all bills and put the down payment down and if it is done by the 31 of april I get most of it back. Also I think this would be the change I would need to file for custody for a modify?

Think VERY, VERY hard before cashing in a 401K to make a down payment on a home. You'll pay taxes and penalties (assuming you're under 60 or whatever the age is for withdrawing from a 401K). Not to mention, of course, that retiring with no money isn't very pleasant.

Please explore other options. You might see if the owner would offer a lease to own option where part of your lease payment would be applied toward a down payment in the future. Or just rent a place for a while.

 

[mistoffolees]

I am ncp I want to be cp. I am in better health now and getting on my feet. I do almost all of the doctors appts, dentest, school activities ect. I am doing the custodial thing but am the ncp. My kids miss each other so much being split up. My son has a 1/2 sis he has grown up with and they miss each other so much.

Just having a home isn't going to change this. 'Getting on my feet' is some help, but not that much. You really have to demonstrate not just that you're moving in the right direction, but rather that when all things are considered that you would be the better custodial parent. It's not easy to get a change in custody after a divorce unless one person really messes up. The half-sister thing helps, but it's probably not enough by itself to change custody - especially so soon after the divorce.

 

[cheesecake46580]

Ok another week has gone by and nothing. My attorney said we would give it 2 more weeks and she will file somthing? WHat is the world could she be talking about we already went to a hearing and I thought it was done except for typing the darn thing up. I can't afford much more of this bs.

 

[cheesecake46580]

& weeks post hearing. My attorney has contacted his several times. She said yesteday that she would contact him and tell him she will type the thing up. But she needed him to clairfy what each side agreed to so she can get ti right? I just feel like we are in neverland with these attorneys