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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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in divorce.. Had a stipulation in may of 2010 which became

Customer Question

in divorce.. Had a stipulation in may of 2010 which became a court order. Had a stipulation and a recommendation in July 2010. Had a objection to the stipulation and recommendation of July 2010 within 20 days. had a court hearing Nov 2010 for the objections. The property sale was referred back to the master, the two other
objections were dismissed. Feb 2012 .had a master hearing. it was a recommendation..
no objections were filed. When I received my divorce the may 2011 the May 2010 stipulation and July 2010 stipulation and recommendations are listed but no mention of the Feb 2012 recommendation. The question is..
does this recommendation automatically become a court order if no objections are filed
and why does it not need to be included or merged into the existing stipulations or recommendations and included in the divorce decree?
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 your question. I'll be glad to assist.

No, the recommendation does NOT become part of the order if it is not objected to. Instead, the divorce decree would have to be amended to include these recommendations. If there were no objections, you should have grounds to seek the recommendations to be included in the decree, but the ONLY to make this part of the court order is to have the judge sign a new decree with these stipulations included.

Thus, you should discuss with your attorney the possibility of requesting a hearing and getting a court order to make these stipulations official.
Customer: replied 1 year ago.

obviously the recommendation is not in my favor. Is there not a time frame to appeal errors and omissions to the divorce decree?

Expert:  Roger replied 1 year ago.
If you don't want the stipulations added to the divorce decree, then it's best to do nothing at all. As for timing, a judgment generally becomes final after 6 months, so if nothing is done within that timeframe, it should be barred.

HOWEVER, it is possible for the other party to file a motion to modify the decree and bring these up again. As long as you're paying support, this could be done.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26554
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I inadvertently listed the wrong year of the Feb recommendation. It should have been 2011 not 2012. So it is May 2010 stipulation, July 2010 stipulation and recommendation, Objections, Court hearing Nov 2010, referred back to master, master recommendation Feb 2011 and divorce decree May 2011, in which the Feb recommendation is not merged or incorporated into the divorce decree. Does this change the answer?

Expert:  Roger replied 1 year ago.
Hi - thanks for the information.

No, nothing in the answer would change because of the date difference - - other than its really more time for you to claim that the stipulations have been abandoned/not enforced. Your ex could still file to modify the support order, however.
Customer: replied 1 year ago.

there is no support order. thanks for the answer.

Expert:  Roger replied 1 year ago.
I meant the decree - - sorry.

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