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Proposed Order/Signed order

Asked Oct 1, 2008, 06:59 AM — 17 Answers
We have a signed temporary order from Jan 2008. The court master issued a propsed order Sept 2008, but that has not been signed, and it may take a while since exceptions were fied. The proposed order has a modified schedule and a different CS amount and orders the Sept payment to go to me directly, and all subsequent paments to be paied through CSE via wage garnishment. This cannot happen without a signed order.

Before the temp order got signed, we implemented it anyway althouth it wasn't signed until 4 months later. Should we continue to operate from the current signed order?

In any case, my ex has not paid the sept CS at all. I sent him two reminders and still nothing. Should I file for contempt anyways.

17 Answers
ScottGem's Avatar
ScottGem Posts: 58,086, Reputation: 28135
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#2

Oct 1, 2008, 07:52 AM


Until an order is signed and approved by the court its not in effect. So you need to continue to go by the signed order.

Its up to you to decide how much to pursue him.
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cunfuzed's Avatar
cunfuzed Posts: 140, Reputation: 13
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#3

Oct 1, 2008, 09:06 AM
Quote:
Originally Posted by ScottGem View Post
Until an order is signed and approved by the court its not in effect. So you need to continue to go by the signed order.

Its up to you to decide how much to pursue him.

I sent him another reminder and he said he would give to me on the next exchange. I asked he mail it. I am also going gto tell him that we have to revert back to the signed order until the proposed order is signed, since come october, which is now, I won't recevie any support because he is not required to pay me directly. It must come via wage garnishment by CSE and I can't file with CSE until the proposed order is signed.

This is frustrating. So the only way I can continue receiving CS is to stick to the signed order. Its less CS and less visitation, but its more legal than a proposed order. I am sure he will be fine with not having to pay more CS for now, and I am hoping CSE will make the adjustments when the order is filed with them.
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stinawords's Avatar
stinawords Posts: 1,861, Reputation: 563
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#4

Oct 1, 2008, 09:42 AM
Right you go on the order that is in place (the signed one) if that means that he pays less but you get it directly then that's what it means. Do you know the date that the proposed order will go before the judge?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#5

Oct 1, 2008, 10:13 AM


Yes, the current signed order is the one in force, that is all you have to work with legally
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cunfuzed's Avatar
cunfuzed Posts: 140, Reputation: 13
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#6

Oct 1, 2008, 10:43 AM
Quote:
Originally Posted by stinawords View Post
Right you go on the order that is in place (the signed one) if that means that he pays less but you get it directly then that's what it means. Do you know the date that the proposed order will go before the judge?
The date of the proposed order is September 5th. We would get a signed order after 10 days unless exceptions were filed. Well, exceptions were filed and I foresee this to take longer. A

I will send him an email about using the current order... I wonder how he will react. I think he will be please seeing that he will pay less CS until the order is signed.

I called CSE and they said once they get a signed order, he will go into arrears for the effective date if no CS has been paid. For isntance, if we don't get a signed order until January, he will be in arrears for October, through December, but I can file a notarized letter stating howmuch he has paid from the temp order and they will deduct that amount from the arrearages.

anyone have any idea how long this will drag out when exceptions are filed?
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stinawords's Avatar
stinawords Posts: 1,861, Reputation: 563
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#7

Oct 1, 2008, 11:28 AM
Does he have a lawyer that is filling these for him? There are usually a set number of days but I have heard of anywhere from 30 days to six months. That might depend on where you are located but then again you could get the judge to look at it and he/she decides not to sign it too.
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cunfuzed's Avatar
cunfuzed Posts: 140, Reputation: 13
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#8

Oct 1, 2008, 12:48 PM
Quote:
Originally Posted by stinawords View Post
Does he have a lawyer that is filling these for him? There are usually a set number of days but I have heard of anywhere from 30 days to six months. That might depend on where you are located but then again you could get the judge to look at it and he/she decides not to sign it too.

I am hopin the judge just dismisses the thing and sign it because I am ready for this to be over. He doesn't have a lawyer. I believe he is strategically delaying things because he knows he wouldn't be requried to pay me directly, but since we have to revert back to the signed order, he has to pay me directly. Either way, he goes into arrears if he doesn't pay.
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cdad's Avatar
cdad Posts: 10,961, Reputation: 6540
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#9

Oct 1, 2008, 05:10 PM
So what your really saying is your going to ask him to abide by an existing order and then when the new order is supposed to take effect you want him to abide by that one too. You can't have both. You really need to talk to a lawyer and get this straightened out. Also unless he is still in a listening to you mode its never a good idea to tell your " ex " how to do something when it runs in conflict with information your getting from your sources.
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cunfuzed's Avatar
cunfuzed Posts: 140, Reputation: 13
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#10

Oct 2, 2008, 06:06 AM
Quote:
Originally Posted by califdadof3 View Post
So what your really saying is your going to ask him to abide by an existing order and then when the new order is supposed to take effect you want him to abide by that one too. You can't have both. You really need to talk to a lawyer and get this straightened out. Also unless he is still in a listening to you mode its never a good idea to tell your " ex " how to do something when it runs in conflict with information your getting from your sources.

You have totally misinterpreted what I said. I have received legal advice from a lawyer yeserday and his answer is the same as Scott, Chuck, and stina: The current signed order is the only one that has legal binding. Now confirming that, I am not going to ask him or tell him what to do. I am going to tell him that I am abiding by the existing order until a newly signed order is issued. I don't want both. I am not telling him how to do things. But the schedule and the CS will abide by the current signed order. I never tell him what he has to do. I actually don't say anything to him unless its absolutely necessary. I just follow the order so that there are as little disputes as possible. And again, I got confirmation from a lawyer. The last time the master issued a "proposed order" it was four months before we actually got a signed order. Because third parties are involved, we can't fully implement this "proposed" order until it is signed. I talked to CSE, and they said if it takes 6 monhts for the order to get signed and it has to go back to October, ex would automatically be in arrears, I am sure he doesn't wantthat, and neither do I.
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