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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 01-11-2014, 10:31 AM
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Default Final Minutes of Settlement??

Had my CC yesterday. NOT what I expected! My ex's lawyer had asked for an adjournment earlier that week, I did not give consent. The lawyer sent an email stating that he may not be attending but will send a representative to adjourn.
I get to court yesterday and low and behold he WAS there with my ex and the "missing" NOA's from my ex and said we would be proceeding. (good thing I was prepared).
I am self rep'ed and had to go in alone...
In front of the judge, my ex's lawyer got his hand slapped a few times and he had to utter the words "I'm sorry Your Honor, I was mistaken"
In the CC my ex agreed with the arrears of CS for 31,000 plus the correct amount going forward to start Feb 1. Also, his attempt to say I am underemployed was completely thrown out.
Here is were it got really confusing for me....(sorry this may be a bit long).
In the CC ex's lawyer told the judge he would meet with me outside and we can draw something up, since we were all in agreement....
My ex and his lawyer went into a room and came back with a scribbled
FINAL MINUTES OF SETTLEMENT signed by my ex. It didn't address any Special Expenses and his plan for re-payment was....sitting down?
$150.00 per month....no interest added so in 17.5 years, I will be paid up.....also retired and a grandmother! My ex makes 151,000 a year.
I refused to agree and offered back that I would accept a 5 year payment plan.....he refused and the Lawyer crossed out that portion, got his client to initial and again, almost demanded that I sign that. ( The lawyer was in a hurry and had to be in another court)...I did not sign and kept the paper and said I will get back to him....ohhhh he was NOT impressed.
So...Now I have a paper stating that my ex agrees that he owes me 31,000 and he will pay CS going forward.....what do I do now?
The judge set a Assignment Court(?) date for us for Feb 20th.
I'm still a little rattled and trying to get a grip of what happened and what to do to move forward....
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Old 01-11-2014, 11:57 AM
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Quote:
I get to court yesterday and low and behold he WAS there with my ex and the "missing" NOA's from my ex and said we would be proceeding.
Lessons learned.....never listen or pay attention to the theatrics of the other party, focus on your own game plan / cause of action.

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I am self rep'ed and had to go in alone...
As we say in the business.....HOO-AH!
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In front of the judge, my ex's lawyer got his hand slapped a few times and he had to utter the words "I'm sorry Your Honor, I was mistaken"
Yes counsel...you can say that again

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So...Now I have a paper stating that my ex agrees that he owes me 31,000 and he will pay CS going forward.....what do I do now?
So there is admittance to owing the amount...you just have to workout some payment recovery better than the 17.5yrs (which to be quite honest, is a bit silly)
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Old 01-11-2014, 12:01 PM
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I agree....and very funny. Thanks I needed that after yesterday!
Problem is HOW? I know CC is only Advise from a Judge.
I have a feeling that my ex would have signed that paper if it had that he owed me a million. I truly believe he has no intention of paying.
He would not agree to even a 5 year plan....where do I go from here?
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Old 01-11-2014, 12:44 PM
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@Sinkingfast....

You are welcome! I try to inject humour into these things (God knows we need this to maintain our sanity).

Some people are just too high conflict to deal with no matter how much you try to reach out to them / settle stuff.

Am sure others will come along and add their 2c
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Old 01-11-2014, 11:12 PM
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Self-rep here also. I attended assignment court in the summer to set a long motion date. It was very informal...lots of lawyers all going up to the judge asking to get a motion date set. Not sure if there are other reasons for Assignment court. As for your Final minutes of settlement....as I understand it you need to type it up officially...send it to opposing counsel and get then to approve it for form and content (usually they just date and initial it)...and then file it with the court so that it can be made into an official order signed by the judge. I am sorry that I don't know the process completely as I hired a lawyer to complete it for me. I needed to file my order with FRO so it was a bit complicated and I wanted to make sure it was done right. Hope that helps. Long live the self-rep client...its a tough road.
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