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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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  #11 (permalink)  
Old 03-20-2014, 04:16 PM
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Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road

Orleans lawyer: we wrote up the draft order and served it upon the other lawyer based on the minutes of settlement. The lawyer did not respond and it has now been over 30 days since we served it.

The draft order and aff of service was filed at courthouse with support deduction order. 15 days after being filed we were advised they will not accept it and are returning it because "it does not reflect the minutes of settlement".

The draft order included the income of the payor whereas the minutes of settlement gave an approximate amount of income (the actual amount we added was exact and higher than the approximate amount in the minutes). And the access that is a four week rotation was augmented by a calendar that both parents already signed off of immediately after the minutes of settlement were agreed to. And the summer vacation stated to be shared in four parts and we added "for 2014 the parents have agreed to xxx dates".

The family law rules state that a draft order is to be served and any objections or corrections be carried out through service and lists how to do that. We advised the court clerk that since the opposing lawyer remained silent that the draft order should go ahead to make a final order as we only added clarification of the access schedule and income for support amounts which is clearly in line with the spirit of the minutes of settlement. Furthermore there is no guideline amount for "approximately xxx salary" and therefore we gave the actual income amount to determine the guideline amount for calculations of CS. Court clerk maintained she would be returning all docs and not processing/creating final order.

The other lawyer is silent despite over 15 emails and phone calls and at least one properly served draft order. What do we do now?

We have also been paying FRO the increased CS amount since January yet there is no order on file with FRO to justify the increased amount. Will the order be retroactive in stating the date to increase the CS amount or will the new and higher amount only be effective when the actual order is created?

Any insight/help would be appreciated.
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  #12 (permalink)  
Old 03-21-2014, 09:42 AM
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Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough

What do we do now?
Three choices:

1 - Do nothing.

2 - Amend the draft Order to reflect the minutes of settlement.

3 - Bring a motion.
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