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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89707
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hi Paul, My ex wife was orderd to pay me child support on

Resolved Question:

Hi Paul,
My ex wife was orderd to pay me child support on the 1st and 15th of every month. Today, I did not get a check. there is something on the case summary I just saw for the first time it says "Judgement package received and pending after hearing (A-13 Aug 22) Well, I never was told about any hearing???? A-13 is the courtroom where my trial was.... her lawyer was to draw up and present the final judgement, which I signed??? Is there any way he might have pulled a fast one on me, and got her out of her child support without me even knowing? My ex-wife is very nasty, and won't tell me anything, she isn't responding to my email or text, and I can't contact the court until Tue.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
It is possible he filed the judgment and it did not say what was agreed upon. He was supposed to send you a copy of the proposed final judgment he was filing to give you an opportunity to review it and you need to get to court Tuesday to find out what it says and you can file an "Objection to Final Judgment" if it does not accurately reflect what the judgment was supposed to be.

Also, if you do not get your check by Tuesday, you need to file a motion for an order to show cause for contempt for her being late on her payment to build a record showing she is not paying on time and that can be then used for grounds to demand garnishment of her wages for payments in the future.


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Customer: replied 2 years ago.


I already signed the judgement and it was all correct, that's not my point. My point is I am worried because the summary online says "hearing" on the 22nd and I never heard anything about it. I am attaching one page of the final transcript regarding "re-addressing" an offset of child support and also a snapshot of the summary. If there was any kind of activity regarding request for re-addressing child support I'm thinking I would have had to be advised about it or it would not be due process..... your thoughts?

Attachment: 2012-09-01_220943_re_address0001.pdf

Customer: replied 2 years ago.


or this might be easier to read case # XXXXX MD040793


 


http://www.lasuperiorcourt.org/civilcasesummarynet/ui/casesummary.aspx?CT=FA

Expert:  Law Educator, Esq. replied 2 years ago.
I got it, thanks. The statement means that it was signed after the last hearing and it is pending approval by the court. The hearing they are referring to is the one where you attached the copy with him saying he did not have his computer with him to run the dissomaster for the numbers and he was going to attach them when he filed the final judgment you approved. There was no other hearing.
Customer: replied 2 years ago.


Paul, that is from the transcript of the actual trial on July 12th....


 


so my question is.... do you think there is any way that all of the sudden my wife doesn't have to pay me child support?

Expert:  Law Educator, Esq. replied 2 years ago.
She may not want to pay, which is likely why it is late, but she was ordered to pay and I do not see where the judgment was changed and the notation you refer to is that the judgment was entered after the hearing on July 12 and is pending approval by the court. If you do not receive the payment by Tuesday's mail, you need to file the motion for contempt as I said above.
Customer: replied 2 years ago.


Thanks Paul,


Is there any rule which addresses how long she can go without paying me without being in contempt? Is there any kind of "grace period"?


Because if there isn't, I'm definitely filing on Tuesday. So I want to be sure.

Expert:  Law Educator, Esq. replied 2 years ago.
No, if she is 1 day late she is in contempt, generally attorney's tell clients to give the paying party 3 days, just to be sure it wasn't caught up in the mail and file a motion for contempt after one day only to have it arrive 2 days later (and with the holiday you are going to have to give a little more leeway as well). If you do not receive it in the Wednesday mail, you can go ahead and file the contempt motion.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89707
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.


Thanks Paul,


I hope you have an awesome weekend...

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you.

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