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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. |
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Subject:
Re: What determines "INITIAL order for child support"?
Answered By: missy-ga on 08 Nov 2002 08:07 PST Rated: |
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:
Great answer! I am impressed. Thanks for the double check too. |
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