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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26693
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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New York Family Court. lf you are already paying temporary

Resolved Question:

New York Family Court.

lf you are already paying temporary child support through SCU which was ordered by the court but during a hearing (not a trial) the magistrate says on the record to the fathers attorney (father is not present) that the father is to pay the mother the security deposit for the mothers rental. Once she moves in then he shall begin paying X amount in child support. However, this was not put into writing nor was this a trial. Is the raise in child support and the deposit for the mothers rental considered to be court ordered?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for using JA! I'll be glad to assist you.

The judge can make a written or oral order from the bench directing the parties to do certain things, and can order an increase in child support and require one spouse to pay something of the other. The orders would be found in the transcript of record for the hearing. Thus, the order is valid from the judge. However, these orders should be reduced to writing and filed with the court clerk.
Customer: replied 1 year ago.

I asked this question to another attorney on this site 2 days ago and was told the exact opposite answer and that it was not court ordered. How is this possible?

Expert:  Roger replied 1 year ago.
Hi -

I looked at your previous question, and I think the difference is that the previous question said the judge "suggested" things to a party instead of ORDERING a party to do something. This is a very big distinction.

If the judge ORDERED a party to do something, then the party will have to comply. BUT, the oral order should also be reduced to writing.
Customer: replied 1 year ago.

But what if it is not reduced in writing? A trial was set for July but postponed by the magistrate due to absence. Now my childrens mother (never married) attorney is claiming I am court ordered to pay the additional child support. I am still awaiting trial and a new court date as it has been set for 4 months away. The amount would be providing maintenance to her as I pay the entirety of the children's expenses.

Expert:  Roger replied 1 year ago.
The order has to be reduced to writing in order to be legally enforceable - - generally, the law is that the order is not effective until it's filed in writing with the clerk. USUALLY, after a hearing, the court will either ask one of the parties to prepare and submit an order, or if may draft and file the order itself, and file the order with the court clerk.

The other party can submit a proposed order to the court regarding the orders made by the judge, but until that happens, you can claim that the court order hasn't been entered, so you're not technically obligated.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26693
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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