A court oder when there is no court order?

[tyandi]

What is the name of your state? NC
6 weeks ago my wife & I were in court to decide how much post separation support she would get. Well, our attorneys deciced this behind chambers with the judge. We both had no clue went on. After my attorney came out, he said that the decision was for me to pay$300/Mo temp support. He also said to go ahead and cut a check for that amount within a few days.
I did so without any paper work, or court order. To this day I still have no paper work or court order?? My attorney says he has tried to get her attorney to get this done, but whose responsible to get this? I have a hard time paying any support again until I see actual documentation or court order that says I should pay this???

What will happen if I do not pay? How do I know that that amount was actually decided?
Is her attorney responsible to get this done or mine? How am I supposed to pay something when I have no record, documentation at all just a "You better pay this amount" from my attorney???

 

[Bali Hai]

What is the name of your state? NC
6 weeks ago my wife & I were in court to decide how much post separation support she would get. Well, our attorneys deciced this behind chambers with the judge. We both had no clue went on. After my attorney came out, he said that the decision was for me to pay$300/Mo temp support. He also said to go ahead and cut a check for that amount within a few days.
I did so without any paper work, or court order. To this day I still have no paper work or court order?? My attorney says he has tried to get her attorney to get this done, but whose responsible to get this? I have a hard time paying any support again until I see actual documentation or court order that says I should pay this???

What will happen if I do not pay? How do I know that that amount was actually decided?
Is her attorney responsible to get this done or mine? How am I supposed to pay something when I have no record, documentation at all just a "You better pay this amount" from my attorney???

No order, no alimony.

You cannot claim the tax deduction without a written legal instrument ordering the alimony.

Get a new lawyer.

 

[tyandi]

Good point

Bali,

Good point. But what about wether I should pay this amount this month? I mean we were in court, next thing I know is my attorney telling me to pay $300?

If I don't have ANYTHING on front of me, then should I pay anything?

 

[tyandi]

Update

I just got off the phone with the "court file girl" and she says there was not a court order, but rather a "consent order". Why was there not a court order the day we went to court?

I hope someone can clarify this, why did we go to court only for the attorneys to meet behind closed doors and decide what I would pay? Why was there not a court order given that day?
I have not signed any paper work agreeing to anything and don't feel comfortable paying a dime until I know excactly the details.

Do you think the judge favored me and her attorney talked my attorney into making higher post separation payments?

 

[Bali Hai]

I just got off the phone with the "court file girl" and she says there was not a court order, but rather a "consent order". Why was there not a court order the day we went to court?

That means your attorney agreed. Which means YOU agreed.

I hope someone can clarify this, why did we go to court only for the attorneys to meet behind closed doors and decide what I would pay?

Happens all the time.

Why was there not a court order given that day?

There WAS a court order that day.

I have not signed any paper work agreeing to anything and don't feel comfortable paying a dime until I know excactly the details.

You need to discuss this with your attorney.

Do you think the judge favored me and her attorney talked my attorney into making higher post separation payments?

I would strongly recommend that you direct your attorney to cease making agreements without your involvement (permission).

I personally fired 4 attorney's for the very same thing.

 

[tyandi]

Somethings weird

Actually,
According to the courts girl, there is NO COURT ORDER? She says I was not orderd to pay anything that day. However there is a "consent order" in the works.
Notice this defintion Bali:

"A consent order is simply the agreement of the parties, signed by both the parties (and sometimes their counsel) and a judge. Consent orders are different from regular court orders, in that a consent order would reflect the terms that you and your spouse work out between you whereas a regular court order would reflect a judge's rulings on all the issues that have been tried in his or her court.

Notice the bold? My wife and I NEVER talked about these terms? What recourse do I have?

My attorney says I have to pay, but accoridng to this definition, I NEVER agreed to this with her, I agreed to this with him because he told me that this is what the judge decided?

 

[tigger22472]

Personally if I were you right now I would not actually pay her but put the money back (i.e. in an account) until this is straightened out. Do you know of any stipulations on the alimony (i.e. lifetime, termed..)

 

[Bali Hai]

Personally if I were you right now I would not actually pay her but put the money back (i.e. in an account) until this is straightened out. Do you know of any stipulations on the alimony (i.e. lifetime, termed..)

He obviously doesn't know that because, like a mushroom, his attorney is keeping him in the dark and feeding him full of ****.

An attorney representing me doesn't stipulate to anything without my permission or they are my former attorney in very short order.

 

[tyandi]

Interesting

Well,

Actually I wrote my attorney to tell him that according to the court records, there was NO court order for me to pay anything. Therefore I told him that I will not pay a dime until I have something in front of me.
I actually am going to save back that amount.
Also, the so called "court order" was for temp. post sep. support. I guess that alimony will be determined later.
I think my attorney and her attorney pulled one over on me. I was stupid to pay last month until I had a record in front of me.
I can only assume that if I have to pay $300 / month in PSS, than I will have to pay this in alimony.

 

[Bali Hai]

Well,

Actually I wrote my attorney to tell him that according to the court records, there was NO court order for me to pay anything. Therefore I told him that I will not pay a dime until I have something in front of me.
I actually am going to save back that amount.
Also, the so called "court order" was for temp. post sep. support.

That is called "alimony pendente lite" and is tax deductible to you and taxable to the receipient.

I guess that alimony will be determined later.

Your lawyer is doing a crap job explaining things to you.

Alimony, spousal support, maintenance AND temporary alimony (alimony pendente lite) or spousal support or maintenance are all the same thing.

I think my attorney and her attorney pulled one over on me. I was stupid to pay last month until I had a record in front of me.
I can only assume that if I have to pay $300 / month in PSS, than I will have to pay this in alimony.

Spousal Support, Alimony pendente lite and Alimony

If you either pay or receive spousal support, alimony pendente lite, or alimony there are tax ramifications. If a spouse receives spousal support, APL, or alimony, the amount received usually is treated as income to the recipient and a deduction from income to the person paying the money.