New Court Order

[amberlea434]

What is the name of your state? LA...child resides in TN

My husband and his X recently (in May '07) returned to court to have their CO modified for their 9yo daughter. During the hearing, the judge ruled on a handful of things that they couldn't agree on...i.e. the amount of time the child will spend with dad during the summer, medical bills, cellphone usage and allowing dad to claim the child on his taxes every other year, starting with the '07 tax year. Now, he only ruled on these things, but he ordered from the bench that dad start paying the new CS amount effective immediately.

Mom has had the new papers in her possession for a few months now and has not signed them yet because she "hasn't had time".

Dad has been preparing to file his '07 taxes and is waiting for Mom to send him IRS Form 8332 (which is ordered in the new CO to send to him by Feb. 15). I told him that, technically, I don't think she has to, seeing as the new CO hasn't been signed yet and that meant that they should be operating under their current order (which has no such language about taxes). He disagreed and said that since the judge ruled on it, being a time-sensitive subject, that he's allowed to still claim the child and she has to send him that form by the 15th or she'll be in contempt. I told him I'd come here to ask you lovely people which one of us is correct.

 

[casa]

What is the name of your state? LA...child resides in TN

My husband and his X recently (in May '07) returned to court to have their CO modified for their 9yo daughter. During the hearing, the judge ruled on a handful of things that they couldn't agree on...i.e. the amount of time the child will spend with dad during the summer, medical bills, cellphone usage and allowing dad to claim the child on his taxes every other year, starting with the '07 tax year. Now, he only ruled on these things, but he ordered from the bench that dad start paying the new CS amount effective immediately.

Mom has had the new papers in her possession for a few months now and has not signed them yet because she "hasn't had time".

Dad has been preparing to file his '07 taxes and is waiting for Mom to send him IRS Form 8332 (which is ordered in the new CO to send to him by Feb. 15). I told him that, technically, I don't think she has to, seeing as the new CO hasn't been signed yet and that meant that they should be operating under their current order (which has no such language about taxes). He disagreed and said that since the judge ruled on it, being a time-sensitive subject, that he's allowed to still claim the child and she has to send him that form by the 15th or she'll be in contempt. I told him I'd come here to ask you lovely people which one of us is correct. What is the name of your state?

He's correct. However, without the actual Order in hand &/or with Mom not cooperating it will be much harder to enforce.

 

[Isis1]

Out of curiousity, is it the Order After Hearing that needs to be filed and signed with the judge? because it is possible your hubby can prepare it, sign it, serve it, and send it to the judge for signature. If one of the seniors don't answer before tomorrow, call the county clerk (where the case actually took place) and ask the clerk. they can be very helpful when you ask the right questions.

but last i checked, an order from the judge is an order from the judge the day he proclaims it. it doesn't just sit around to whenever.

i only ask because i did my own Order After hearing and got what i knew from the court clerks.

 

[amberlea434]

He's correct. However, without the actual Order in hand &/or with Mom not cooperating it will be much harder to enforce.

So, in essence, we're both kinda right...lol. What would you suggest him to do?

 

[amberlea434]

Out of curiousity, is it the Order After Hearing that needs to be filed and signed with the judge? because it is possible your hubby can prepare it, sign it, serve it, and send it to the judge for signature. If one of the seniors don't answer before tomorrow, call the county clerk (where the case actually took place) and ask the clerk. they can be very helpful when you ask the right questions.

but last i checked, an order from the judge is an order from the judge the day he proclaims it. it doesn't just sit around to whenever.

i only ask because i did my own Order After hearing and got what i knew from the court clerks.

Dad's attorney drew up the order. Dad and mom went to court, they agreed on some things, judge ruled on the other things. After dad's attorney revised the order, he sent it to mom's attorney. Mom's attorney then sent it to mom for her signature. Dad is waiting for her to sign it, mail it back to her attorney, which will then mail it to Dad's attorney, which will mail it to him for his signature. Dad will mail it back, his attorney will take it to the judge for his signature.

I was just under the impression that a CO isn't exactly an order until signed by all parties. That's why I'm here, for clarification.

 

[casa]

So, in essence, we're both kinda right...lol. What would you suggest him to do?

He should contact his attorney to notify him she is not complying. His attny will contact her attny, who in turn should tell her to get it done ASAP.

If his attorney is no longer representing him~ I would suggest he send a certified letter requesting she comply with the Judge's Order by providing him with the form.

Either way, if/when she doesn't comply, he or his attny will have to file against her for Contempt.

 

[LdiJ]

Normally if the order only contained things ruled on by the judge, I would suggest that he have his attorney to submit it to the judge for signature, without getting mom's signature first, since mom is not being cooperative about signing.

However, the order unfortunately contained both "agreed" items, as well as items ruled on by the judge, so it really does need mom's signature.

Therefore Casa's advice is the best.

 

[CourtClerk]

Out of curiousity, is it the Order After Hearing that needs to be filed and signed with the judge? because it is possible your hubby can prepare it, sign it, serve it, and send it to the judge for signature.

Be very careful not to give advise specific to California to those who don't live in California. In fact, this isn't even accurate for California (close, but not accurate).

 

[JBMD]

Dad's attorney drew up the order. Dad and mom went to court, they agreed on some things, judge ruled on the other things. After dad's attorney revised the order, he sent it to mom's attorney. Mom's attorney then sent it to mom for her signature. Dad is waiting for her to sign it, mail it back to her attorney, which will then mail it to Dad's attorney, which will mail it to him for his signature. Dad will mail it back, his attorney will take it to the judge for his signature.

I was just under the impression that a CO isn't exactly an order until signed by all parties. That's why I'm here, for clarification.

I didn't think that orders needed to be signed by the parties if the parties were represented by attorneys. I thought that the attorney signs on behalf of their client???
Is this not the case??

 

[LdiJ]

I didn't think that orders needed to be signed by the parties if the parties were represented by attorneys. I thought that the attorney signs on behalf of their client???
Is this not the case??

No, that is not necessarily the case.

 

[Zephyr]

I didn't think that orders needed to be signed by the parties if the parties were represented by attorneys. I thought that the attorney signs on behalf of their client???
Is this not the case??

my dumbass attorney signed a ridiculous order for me.....

 

[2Mistakes]

my dumbass attorney signed a ridiculous order for me.....

I hope you were able to get the order thrown out?

 

[Zephyr]

I hope you were able to get the order thrown out?

no actually I wasn't...because my attorney had signed, my motion for reconsideration was not granted as the opposing counsel said it was like "monday morning quarterbacking"

but fortunately my ex is a dolt and his gf an even bigger one, within a year I was able to file for mod and received a much more favorable and CLEAR order. (without the "help" of an attorney)

 

[2Mistakes]

no actually I wasn't...because my attorney had signed, my motion for reconsideration was not granted as the opposing counsel said it was like "monday morning quarterbacking"

but fortunately my ex is a dolt and his gf an even bigger one, within a year I was able to file for mod and received a much more favorable and CLEAR order. (without the "help" of an attorney)

LOL. Good job! Gotta love dolts!

 

[amberlea434]

He should contact his attorney to notify him she is not complying. His attny will contact her attny, who in turn should tell her to get it done ASAP.

If his attorney is no longer representing him~ I would suggest he send a certified letter requesting she comply with the Judge's Order by providing him with the form.

Either way, if/when she doesn't comply, he or his attny will have to file against her for Contempt.

His attorney is still representing him, I'll tell my hubby to contact him about this. Do you think filing contempt against her for just this one thing is going to irritate the judge?