Minute order appeal or response?

[Pambas]

Is there a procedure to respond to or appeal a minute order in California for child support?

The end of the Minute Order says “prior approval not waived.” What does this mean? At court the judge asked if I trusted the court to review everything and make a decision or if I wanted to review first and I said the latter, or at least that’s what I thought the judge was asking me. The first page states “this is not a formal order, but a record of what was decided in court during the above mentioned hearing. You will receiver a formal order by mail in 4-6 weeks”. This sounds pretty final to me and that I’m not being given an opportunity to have any say or contest the minute order.

 

[zddoodah]

Is there a procedure to respond to or appeal a minute order in California for child support?

There may be a procedure for responding to an order, but that depends on what the order says and what purpose you think a response will serve. Whether any particular order is appealable depends on what it says and the relevant facts and circumstances. In other words, that part of the question can't be answered in the abstract.

The end of the Minute Order says “prior approval not waived.” What does this mean?

Sorry, but there is no way for anyone to speak intelligently about the meaning of four words - out of possibly hundreds of words - in an order without any context.

I suggest you provide a brief narrative of what's happening in your case, what the hearing was for, and, generally, what the order provides. Otherwise, I suggest you retain the services of a local attorney.

 

[Pambas]

Is there a procedure to respond to or appeal a minute order in California for child support?

The end of the Minute Order says “prior approval not waived.” What does this mean? At court the judge asked if I trusted the court to review everything and make a decision or if I wanted to review first and I said the latter, or at least that’s what I thought the judge was asking me. The first page states “this is not a formal order, but a record of what was decided in court during the above mentioned hearing. You will receiver a formal order by mail in 4-6 weeks”. This sounds pretty final to me and that I’m not being given an opportunity to have any say or contest the minute order.

There may be a procedure for responding to an order, but that depends on what the order says and what purpose you think a response will serve. Whether any particular order is appealable depends on what it says and the relevant facts and circumstances. In other words, that part of the question can't be answered in the abstract.




Sorry, but there is no way for anyone to speak intelligently about the meaning of four words - out of possibly hundreds of words - in an order without any context.

I suggest you provide a brief narrative of what's happening in your case, what the hearing was for, and, generally, what the order provides. Otherwise, I suggest you retain the services of a local attorney.

The request was to update child support specifically for:

1.Update child support to reflect the Guideline calculator amount; during the previous child support court date in March, a much lower amount was agreed to so long as mother continued paying for half of school-related expenses, including transportation for school. Mother agreed in court but then subsquently continuously refused to pay for school-related transportation costs. Argument for most recent court date in June was that mother entered the agreement in March in bad faith and had no intention to pay for half the expenses.
2. Add on expenses mother agreed to split but later refused to pay for; Screenshots of text messages of her saying she would pay then refusing were submitted. The request was for one-time add-on for these child-related expenses.
2. Monthly add-on for private school including all school-related expenses included transportation. Statements and screenshots of mother agreeing to pay for half the private school expenses then later refusing were also submitted to the court.

The minute order does not address any of the add-on requests. The judge also asked both parties if they wanted an opportunity to review the order before a ruling was official and both parents said yes. I don't see this option reflected in the minute ruling and want to ask the judge specifically about the add-ons since I keep ending up in the same situation where I have to pay everything up front, she says she'll pay for half but then later refuses. Am I going to have to restart the whole process again?

 

[Pambas]

The request was to update child support specifically for:

1.Update child support to reflect the Guideline calculator amount; during the previous child support court date in March, a much lower amount was agreed to so long as mother continued paying for half of school-related expenses, including transportation for school. Mother agreed in court but then subsquently continuously refused to pay for school-related transportation costs. Argument for most recent court date in June was that mother entered the agreement in March in bad faith and had no intention to pay for half the expenses.
2. Add on expenses mother agreed to split but later refused to pay for; Screenshots of text messages of her saying she would pay then refusing were submitted. The request was for one-time add-on for these child-related expenses.
2. Monthly add-on for private school including all school-related expenses included transportation. Statements and screenshots of mother agreeing to pay for half the private school expenses then later refusing were also submitted to the court.

The minute order does not address any of the add-on requests. The judge also asked both parties if they wanted an opportunity to review the order before a ruling was official and both parents said yes. I don't see this option reflected in the minute ruling and want to ask the judge specifically about the add-ons since I keep ending up in the same situation where I have to pay everything up front, she says she'll pay for half but then later refuses. Am I going to have to restart the whole process again?

I can't figure out how to upload a photo but here is what the letters say:

Page 1: Please find enclosed a copy of the Minute Order from your hearing on 6/28/2023. Please note that this is not a formal order, but a record of what was decided in court during the above mentioned hearing. You will received a formal order by mail in 4-6 weeks. If you have questions...

Page 2: MINUTE ORDER The court having taken the matter under submission on 6/28/2023 and having fully considered the arguments of all parties, both written and oral, as well as the evidence presented, now rules as follows: Commencing 06/01/2023, mother shall pay child support in the amount of $245 per month. Payable through DCSS by wage assignment. Mother is responsible for transportation for visits. Each party shall pay 1/2 of all private school expenses, including tuition, fees, books, supplies, and extra curricular fees...Dissomaster is attached....Each parent has an equal responsibility to support he child(ren). Court finds this in the best interest of the child(ren). Prior approval is not waived. Notify DCSS

How can I object to the minute order? Is this a final ruling? I don't see the opportunity to object or ask questions or address anything in the minute order as offered by the judge during the court date.

 

[Zigner]

The minute order does not address any of the add-on requests.

Would it change your perspective if I pointed out that silence on the matter means that the judge didn't want to order it?

 

[LdiJ]

One thing you should ask yourself is if mom can realistically afford to cover 1/2 of private school expenses. If she cannot, and you keep your child in private school then this will be an ongoing problem until your child graduates. You will never be able to stop fighting her over it. Sometimes private school becomes unworkable after a divorce. Parents sometimes dig in and insist without really thinking that through. If she realistically can afford it then that of course is a different story.

 

[Pambas]

One thing you should ask yourself is if mom can realistically afford to cover 1/2 of private school expenses. If she cannot, and you keep your child in private school then this will be an ongoing problem until your child graduates. You will never be able to stop fighting her over it. Sometimes private school becomes unworkable after a divorce. Parents sometimes dig in and insist without really thinking that through. If she realistically can afford it then that of course is a different story.

Yes, it's been established she can afford it. Her income is more than 2 times my income. Her attorney also stated in court that she offered for private school to be an add-on at the previous court dates which is a complete lie. She has a history of not fully paying or letting me pay the full amount (loan is under my name) then reimbursing her share at a later time of her choosing. I brought this up in court that it places an undue financial burden on me and I never know when she's going to pay me back. Which is why I asked for the private school expenses to be an add-on. Stating that she has to pay for half of the expenses basically leaves me in the same position to have to cover everything and hope she'll pay me back.

 

[Pambas]

Would it change your perspective if I pointed out that silence on the matter means that the judge didn't want to order it?

Yes, I've considered that. But what about the judge asking if parents would like to opportunity to review her decision or findings before an official ruling or whatever is made? That's the main point here is the judge said that but I don't see that opportunity reflected in the minute order or the page preceding. It feels like I have to start all over again. If the judge is saying she has to pay for half the school-related expenses but isn't addressing the past 3 months where mother said she would pay then refused, how is her ruling changing anything about the situation? She's just going to keep doing the same thing, pay me less than what she owes or not pay at all.