So many questions

[Fresh Starts]

Hi everyone ...
I have a question on time.

The STBX's lawyer made a suggestion (in a two way meeting) with my laywer. We are still trying to settle everything.

He has agreed to release my share of the money being held in trust, as well as a few extra dollars for expenses that I have paid out etc....

We were going to settle on the remaining amount of money being held in trust at a later date (even though I believe I am entitled to it)

There was suppose to be a motion on Friday to settle the child support (presently I am receiving 700 a month - court has ordered 1315 a month) but since the ex is no longer working and only receiving E.I the stbx can not afford the whole 1315. FRO is automatically taking out 700 out of his E.I check every month to gijve it to me. I refused their offer of giving me just 400 a month (the offer was given from the ex's lawyer) for three kids. I told them to let a judge decide on the amount, because I felt that it was unfair.

Anyways.... this is my question:

Since they have agreed to give me my share of the money being held in trust.... How long should it take to get this money? We discussed all of this over a week ago in my lawyers office.

My lawyer's assistant said that she wasn't sure who was going to file the consent... (that the consent has not even been filed yet- shouldn't it have been filed already?.... and do I need to sign the consent...? does the STBX have to sign it? Why do I need to file a consent to get the money in the first place?) and then she told me that the motion to hear about the child support was postponed AGAIN because we have to do the consent first to release my share of the money. (I was under the impreszion that the motion was to hear about the child support.... what does relaesing my share of the moneky have to do with the motion to hear child support - and no one has even done the consent yet.... my lawyers assistant isn't even sure if she is suppose to do it or if the STBX's lawyer is suppose to do it.

Can someone please help me with all of these questions

Thanks

[logicalvelocity]

Freshstarts,

as you mentioned,

Since they have agreed to give me my share of the money being held in trust.... How long should it take to get this money? We discussed all of this over a week ago in my lawyers office.

Isn't the funds held in trust by a third lawyer. If so, the action to release would be on this lawyer, once they are advised by both parties through their respective lawyers in writing that the funds are too be released.

How long does it take for each parties lawyer to write a letter advising of the consent of same to the third lawyer holding the funds in trust?

lv

[Fresh Starts]

I am under the impression that they can not release the money until a consent is done. I am also under the impression that only one of the lawyers (mine or the ex) has to do the consent. My lawyers assistant is under the impression that the STBX's lawyer is going to do the consent..... she wrote a memo to my lawyer for advisement (and left it on her chair) on whether we were to fill out the consent papers... or the STBX's lawyer.

Yes the funds are being held with a third party lawyer.

Can you also help me by answering these questions:

My lawyer's assistant said that she wasn't sure who was going to file the consent... (that the consent has not even been filed yet- shouldn't it have been filed already?.... and do I need to sign the consent...? does the STBX have to sign it? Why do I need to file a consent to get the money in the first place?) and then she told me that the motion to hear about the child support was postponed AGAIN because we have to do the consent first to release my share of the money. (I was under the impreszion that the motion was to hear about the child support.... what does relaesing my share of the moneky have to do with the motion to hear child support - and no one has even done the consent yet.... my lawyers assistant isn't even sure if she is suppose to do it or if the STBX's lawyer is suppose to do it.

[logicalvelocity]

Fresh Starts,

For the third party to release the funds held in trust by them, they will need consent by both parties for same to occur. This consent can be in the form of a separate letter from both parties by way of their respective their lawyers or a form or documented by one parties lawyer and subsequently signed by both parties. Each parties lawyer could witness the signing.

One thing is certain that consent must come from both parties before the funds held in trust by the third lawyer will be released.

I am not sure why the motion for child support was adjourned. I suspect it was adjourned on consent. I think you are missing information from your lawyer on this, ie: why was it adjourned and for how long. When will the issue proceed.

lv

[Fresh Starts]

Originally the motion was scheduled to take place November 3, but the ex's lawyer needed more time to file his response to something I said in an affidivait.... it was held over until November 17. A couple of days before the motion, the ex's lawyer had a meeting with my lawyer, where they agreed to release my share of the money and leave the ex's in trust until we agree or a judge orders what to do with the remaining money. but when I called my lawyers assistant today she stated that they have adjourned the motion until December 1st.

When I asked why. she stated that it was because the consent papers have not been done to release the money being held in trust from the sale of the house. When I questioned what one has to do with the other... considering the motion is to reduce child support my lawyers assistant stated that this was the way we had to do things.

Since my lawyer was once again in court (on someone elses file) I was unable to talk to her. I asked that my lawyers assistant tell my lawyer that I wanted to talk to her ASAP, and to give me a call to explain why things are being handled in this matter. I still have yet to hear from her on this matter.

Let me also state that my lawyers assistant wasn't sure who was suppose to do the consent form. I was under the impression when I talked to my lawyers assistant that she was waiting for the ex's lawyer to do the papaerwork.

I don't know what else to do. Something so simple and so easy to do, seems to take forever to get accomplished.