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UncleRich
Nov 7, 2008, 06:51 PM
If a child support order that was filed with the Clerk of the Court was never signed by a judicial officer, is it a valid order or legally deficient?

UncleRich
Nov 7, 2008, 06:58 PM
If an original child support order was entered with the Clerk of the Court without being signed by a judicial officer, is the order legally deficient and unenforceable?

Fr_Chuck
Nov 7, 2008, 07:28 PM
Who issued the child support order.

If this is merely a request to be heard by one of the parties, until the judge rules on it it has not effect.

If the judge approved an order, it will be in the court records that it was approved.

08_777444
Nov 7, 2008, 07:38 PM
[Quote] If an original child support order was entered with the Clerk of the Court without being signed by a judicial officer, is the order legally deficient and unenforceable? [Quote]



No, the document is considered valid when it is filed with the clerk. Maybe your copy just doesn't have a signature on it and unless you physically go to the courthouse and review your file, you cannot be certain that the clerk's copy hasn't been signed by now.

You said it was already a court order. Therefore, I'm sure if the judge or magistrate didn't sign it someone authorized by the judge did. If someone tried to use the fact that the document wasn't signed as an excuse or a defense to disobey a court order, the judge would just sign it nunc pro tunc, which means a time in the past, and then you owe the back support anyway. They are wise to such tactics. Sometimes a signature isn't necessary, so as long as the clerk has entered it.