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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-17-2014, 07:57 AM
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Default Common literature on Court Order?

I received a printed copy of the order that the ex and I agreed to at the SC.

Two things that bothers me is:

1. I did not agree to a specific order that my child will be enrolled in a particular school . But the ex asked the judge and now it's in the order?

Reasons for not agreeing are that this is a special school and his teachers have concerns which I am trying to address but the mother is reluctant to do anything about it.

2. It states. " This order bears post-judgement interest at the rate of 3% per annul effective from the date of thus order. Where there is a default in payment , the payment in default shall bear interest only from the date of default".

This was not in the written version copied by the judge the day of SC. So what the hell is going on?


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Old 05-17-2014, 08:13 AM
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Was this something that was discussed/agreed upon at the SC?

Who did up the order?

My experience is that any changes made from an order are usually accompanied by a covering letter from the personal making the order to the recipient of the order and the changes are highlighted in the letter as well as underlined in the copy of the order given to the other side.
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Old 05-17-2014, 08:14 AM
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Nope. No letter and this is the order you get in the mail a couple of weeks later. The actual order hand written by the judge did not have the interest bs.


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Old 05-17-2014, 08:27 AM
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That would be disconcerting for sure. I don't know how it works where you live but I would be at the courthouse asap to ask someone what to do about this. Maybe through this weekend someone on this forum will have an idea of what steps you have to take. As with everything I'm sure there is a specific period of time in which you would have to register your objection and request the Order be amended. Is there any possibility that the judge inserted it?

I've heard that in Ontario the judges hand-write their decisions on motions (I think that's rather strange). If you have the copy of the judge's hand written decision could you not show it to the court clerk and ask for an explanation? Who typed the Order up? Judge's office or the opposing counsel?
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Old 05-17-2014, 09:21 AM
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The 3% interest was added into my daughters agreement. Apparently that is a standard that many judges add. Not that FRO will actually do anything about it. I guess if CS or SS is really high the. Its an amount to worry about. We also,had a hand written note, by,the judge that acknowledged that 1 issues was not dealt with. The Ex wanted to change something at the last minute, but the judge the agreement had been signed and so he added a note at the end, hand written, acknowledging that there the applicant had one issue that had not been dealt with but,the respondent had considered the issue dealt with. Now that is being disputed as the applicant says this is included in the agreement.

Last edited by Beachnana; 05-17-2014 at 09:30 AM.
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Old 05-17-2014, 11:56 AM
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The interest clause is standard. The court clerk adds it. Nothing you can do about it.

If the school info was not in the minutes of settlement/judges endorsements - then why didn't you contest the draft order within the ten days?
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