Order for CS at Settlement Conference??

[annapurna66]

I have a Settlement Conference next week. I have a final order that requires my ex to pay full table child support. There is a stipulation in the Order that there will be a recalculation (based on the previous years income) every September. I am owed an increase. I would like to have the judge form a final order (based on the new amount) that will be enforceable with FRO at my Settlement Conference. How do I go about doing this? Do I simply ask for the order at the SC? What is the legal paper trail that I need to follow? I have already requested the order in the SC brief at the appropriate spot and have alerted Opposing counsel of my intention. Does anyone know the practicalities of how to actually get an order? Thanks.

 

[OrleansLawyer]

How do I go about doing this?

Have you ex agree with the new amount.

Does anyone know the practicalities of how to actually get an order?

A judge cannot vary child support at a conference except on consent. If the other side consents, get the order. If they don't, bring a motion - although that should have been done after the case conference, not settlement conference. Your delay may bar you from seeking interim relief until trial, depending on the timelines and whether your file has case management.

 

[annapurna66]

They are not consenting...what a surprise. The Order was obtained after an Offer to Settle was accepted. THey agreed to pay full table child support...recalculated every September. Now they will not do it. In all honestly, the legal system is unbelievable to me. What possible good is an Order if every year that I want it enforced I have to take out a motion? Anyway...that is another question for another day...and apparently this is not my day. I do thank you for your reply however.