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Q: What determines "INITIAL order for child support"? ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: What determines "INITIAL order for child support"?
Category: Relationships and Society > Law
Asked by: martyweiss-ga
List Price: $5.00
Posted: 08 Nov 2002 06:56 PST
Expires: 08 Dec 2002 06:56 PST
Question ID: 102670
An original summons was submitted for me to pay child support/alimony
etc from my wife's attorney, and was submitted back in April 2002, and
scheduled court date of July 15 2002. For reasons unknown, this was
cancled by her attorney, and was prolonged and delayed, and finally on
Oct 2, new order was done, and we went to court.

I just found out that after October 1, 2002, public act 02-128
(connecticut), gives judges the oauthority to order I pay college
education costs, and of course that is what she is asking for (thus I
assume the reason for the delay tactics).

This new law however states that it applies to cases in which "an
initial order for child support is entered oafter Oct 1, 2002". Does
the first one back in April, count as the "intial" even though it was
cancled, or does the one that actually went through on Oct 2, count? I
could ask my lawyer, but he is out today, and honestly, I don't trust
that he will provide an accuarte answer.
Answer  
Subject: Re: What determines "INITIAL order for child support"?
Answered By: missy-ga on 08 Nov 2002 08:07 PST
Rated:5 out of 5 stars
 
Hi Marty,

To determine what constitutes an initial order, I called my brother
in-law James, who is an attorney, and asked him to explain.

According to James, the summons you received in April does not count
as the initial order, because the court appearance was cancelled. 
That order was never made official ("entered") by a judge.

An order is not entered until *after* you have appeared in court and
the judge reviews and signs the order.  Once the judge signs the
order, it is "entered into record" and becomes an official (valid)
court order.

Just to double check, I searched for [ "what is a court order" ] on
Google.  What I found confirmed what James told me - a court order is
not entered until a judge has signed it:

"What is a Court Order. 

A court Order [or judgment*] is a written pronouncement by a Court of
its decision on issues regarding the rights of a party to a lawsuit
and serves several purposes. A "judgment" is the official and
authentic decision of a court of justice upon the respective rights
and claims of the parties to an action or suit therein litigated and
submitted to its determination, and it is the expression of the
court's decision that constitutes the rendition of the judgment.

[...]

Who is responsible to prepare the Order? 

The prevailing party, through its attorney; typically prepares the
Order which is then submitted to the opposing side or sides for
approval of the form and content of the Order. It is then is presented
to the Court for entry by the signature of the Judge."

The Gavel - Jusge Charles M. Travis
http://www.ija.org/gavlsu99.htm

I hope this information is helpful to you.  I'm sorry I wasn't able to
provide you with more favorable news, and wish you the best of luck as
you navigate this obviously painful situation.

--Missy
martyweiss-ga rated this answer:5 out of 5 stars
Great answer! I am impressed. Thanks for the double check too.

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