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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 10-29-2008, 07:34 AM
itiswhatitis itiswhatitis is offline
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Exclamation court orders

Can anyone tell me the answer to this scenario.... You have gone to court and your self rep'd and a court order is made including a lump sum payment due and monthly child support payments thereafter through the fro. The fathers lawyer has had his lawyer type up the court order and you have approved it. 2 months later it has never been submitted to the courts for the judges signature, therefore never made it to fro, therefore it can not be enforced by the fro. and constantly emailing ex's lawyer to get it going. OK here is the question, What do I do next? can I get a copy of the endorsement and do it myself? the court office tells me they sent the draft back to the ex as it had mistakes...they also tell me he is to send me a copy of the order that they won't give me a copy of the draft. Not sure what to do next.....HELP......
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Old 10-29-2008, 09:22 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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I would think that either party has the ability/right to prepare the order with the endorsement.
Being self represented does not automatically mean you cannot do this step instead of his lawyer. But I would suggest that you seek some help on the proper format and what to include when preparing it.

Once you have your draft written up, submit it for approval/judges signature.
Once done you can send off a copy to the FRO yourself, and if the endorsement included a start date, the FRO will honour that and also collect any arrears.
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Old 10-29-2008, 02:37 PM
independentgal independentgal is offline
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I have just gone through a similar problem with making a Judge's Endorsement into an Order to be enforced.

I went to a lawyer and she printed the forms for me. It ended up that the other lawyer contested my wording, I contested his, he contested mine etc. so I had to bring a motion to clarify the wording of the order. It worked. We sat down with someone in the clerk's office and she agreed with me! lol

It could all be done in an hour or so and a lawyer's fee is from 200-400 dollars so it is worth it to get child support rolling for you.

Also, I found the RULES of Ontario Family court proceedings online and although it is a huge file, it specifies what to do if you contest an order, the costs etc. It did cost over $100.00 and I had to serve it and file an affidavit of service etc. but YOU CAN DO IT YOURSELF at a huge savings.
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