Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
Thread Tools
  #1  
Old 11-23-2010, 09:18 AM
Epona's Avatar
Epona Epona is offline
Senior Member
 
Join Date: Sep 2010
Location: Brampton
Posts: 422
Epona is on a distinguished road
Default How long for an Endorsement to become Court Order?

On November 1st, ex and I went to trial at Brampton Courthouse and Judge signed Endorsement. How long until that endorsement becomes a Court Order? Exes lawyer typed up the endorsement, so I'm wondering how long until the Judge signs it.
Should I just wander to Family Court and ask? Does the court send the court order to FRO, or do I go tot he courthouse, get a copy and forward that to FRO?
Thanks for your advice! :-)
  #2  
Old 11-23-2010, 10:02 AM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

If the judge signed an endorsement that doesn't like a trial. At a trial the judge makes an order. An endorsement is applicable when the parties reach agreement on consent, usually in a conference setting.

Did you prepare minutes of settlement at court, and the judge endorsed them? If so, a few weeks would be typical for when you should receive the order. It's standard procedure for one of the lawyers to type up the endorsed minutes of settlement into an order, send it to the other side for approval as to form and content and then have the court rubber stamp it into an order.

The court order will usually be dated the same date as the minutes of settlement.
  #3  
Old 11-23-2010, 10:54 AM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,371
billiechic is on a distinguished road
Default

wait, are you the person who "agreed" not to go to trial?
If you did still want the trial option, then you don't have to accept the endorsement as the other side has typed it up.

Please clarify

Sorry if I am confused. Can't remember which poster did that
  #4  
Old 11-23-2010, 11:22 AM
NBDad's Avatar
NBDad NBDad is offline
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

It's in effect from the second the judge endorses it. Both sides are expected to adhere to it from that time. You may not receive a signed copy for several weeks.
  #5  
Old 11-23-2010, 12:08 PM
mrsb mrsb is offline
Senior Member
 
Join Date: Aug 2010
Posts: 123
mrsb is an unknown quantity at this point
Default

NBDad is righ it is in effect from the moment the judge endorses it but if what you are looking for is the "final" order with the samp on it and everything it could take some time. It me me a few months until I received mine but in my case it was minutes of settlemt that was turned into a final order.

Good luck!
  #6  
Old 11-23-2010, 02:01 PM
tugofwar's Avatar
tugofwar tugofwar is offline
Senior Member
 
Join Date: Nov 2009
Location: mostly in my own little world
Posts: 1,384
tugofwar is on a distinguished road
Default

My experience with first temp orders were handwritten by my lawyer, endorced by the judge. My lawyer took it with him, typed it out and had to get the other lawyer to sign that it was correct. The other lawyer did not respond so there is a clause that after a certain number of days if no response then the order goes to get endorced by the courts. My case, the courts were backlogged. It took a few months to finally receive it. You can call the courthouse after a few weeks, as long as you have your case number, ask if it has been endorced, if so you can go down and get a copy of it yourself. Your lawyer should also be providing you with the draft copy signed the day of the endorsement.
  #7  
Old 11-23-2010, 03:50 PM
Epona's Avatar
Epona Epona is offline
Senior Member
 
Join Date: Sep 2010
Location: Brampton
Posts: 422
Epona is on a distinguished road
Default

Hi Billiechic,
Nope, I'm the person who went to a case conference in September. The Judge wrote on that endorsement that there would be hearing in November and I walked into a trial without any warning (Yikes!), though ex and his lawyer were prepared. Makes me go ...HHHMMMMM......
  #8  
Old 11-23-2010, 07:32 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Another view of the process is at 25 of the Family Rules. Time is mentioned.
  #9  
Old 11-24-2010, 09:09 AM
Epona's Avatar
Epona Epona is offline
Senior Member
 
Join Date: Sep 2010
Location: Brampton
Posts: 422
Epona is on a distinguished road
Default That's what I need a copy of --

The Final Order (Form 25). Just wondering how long it'll take, Guess I'll mosey over to court next week and see if it's available. Will the court automatically forward a copy to FRO, or am I responsible for that (and filling out the additional information, though I don't know what December payment will be, if anything?)
  #10  
Old 11-24-2010, 11:02 AM
representingself representingself is offline
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

If this is your first order for CS enforcement... the court will forward a copy of the support deduction order to FRO...

Then FRO will send you a registration package... (which could take weeks to arrive).

Once all of the registration documents are returned, and everything is in order, FRO will send the Payor's employer, the documentation required to begin automatic payroll deductions.

The payroll people can apply the deductions how they see fit, and submit the money to FRO in accordance with their chosen pay schedule, (just because your order says you money is due on the 1st of each month, doesn't mean you will get it then."...).

Once FRO recieves the funds, they will transfer them into your bank account (if you are doing direct deposit)... this can take up to 72 hours (I think?)

Basically, if you just got the order for CS... I wouldn't expect to see any money at all until at least March, maybe even April.... certainly NOT December.

(I know I had my CS order updated in March and didn't get the new payment amount until September, and I had been registered for over a decade).
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Spousal/Child Support Question Jenny Divorce & Family Law 6 10-01-2013 12:01 AM
Question about Summer Split Gord Shell Divorce & Family Law 5 04-11-2011 11:56 PM
Court Order vs Contract?? babygirl Divorce & Family Law 4 01-20-2011 09:26 AM
fro not following court order noendinsight Financial Issues 6 07-10-2009 08:42 AM
Need answers... jinx101 Introductions 7 05-28-2007 06:15 PM


All times are GMT -4. The time now is 03:23 AM.