How do I change a minute order into an actual divorce order? 1 Answers as of June 08, 2011
I filed a Notice of Delinquency, Notice of Motion & Motion to Enforce a Child Support Settlement Agreement from 2003-Ive been divorced since 1998-ex had plenty of notices, the court lost the file &the hearing was delayed from my filing it February 14th until the actual hearing May 25th..the Judge asked if my ex knew of the hearing which he did, I wanted him to show up because I was under the impression it would be difficult to get a default judgement-that the court would just schedule another hearing The Judge said since my ex did not come to the hearing and there was no one to say there wasn't an agreement he said the unsigned, un-filed, written (in correct format) Stipulation agreement was valid. I had made a mistake in the amount $owed. The Judge said he could only work with what was in front of him and ordered the agreement was valid and the Petitioner owed me the amount I had wrote in the motion and added Respondent (me)may adjust the amount without prejudice and interest was not waived. The Judge and court clerk said I would need to refile another motion or OSC with the correct amounts written in. I thought I would need to file a form to at the very least make the written Stipulation to Modify Child Support an enforceable order...it is not signed by the other party...I had included a "Judgment" form with everything when I filed but I forgot to ask for it at the hearing...Should I file a OSC Form fl300 or another form now...Findings after Hearing fl340? (I don't know what findings are?) OR it has been suggested I file a ex parte application for Earnings Assignment Order fl430..he works under table but it would create an order, wouldn't it? Abstract of Support Judgement fl480?? OR (I am leaning towards this one) CHILD SUPPORT Information ORDER Attachment, FL342 - what do I attach it to? The minute order? Or does it need to be attached to Findings and Order After Hearing fl340? OR-I feel ridiculous-do I file Form FL250 JUDGEMENT? is there a time limit?
Law Office of Curry & Westgate
| Patrick Curry
You need to file your motion to amend within a short period of time. You should at least hire a paralegal to assist you or hire an attorney to finish up the divorce.
Answer Applies to: California
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