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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38734
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Temporary Order to Final Order

Resolved Question:

I was lucky enough to get a traveling judge to oversee my Final Order hearing regarding visitation, child support and her attorney fees.


I filed a Motion to reconsider, and the Judge responded.  I have not seen it yet as the court has not received it to file. 


 


My ex's attorney wants to file the Final Order that he has written up tomorrow without viewing the Motion to Reconsider.  He asked for my opinion on the Final Order as he wrote it. 


He is very vague as to what the Judge ordered and has left out the parts of the Temporary Order that were not covered in the Final Order hearing.  Anything that was not changed at the Final Order hearing, was to remain the same. 
My questions are:


1.  Can he file the Final Order as he has written it?


2. Doesn't the items in the Temp Order need to be included in the Final Order?


3.  What happens if we do not agree on the way he wrote the Final Order?  Do we both submit the Final Order and the Judge chooses which one?


4.  He included a statement at the end of the final order, that states he wants the Family Court to address the part of the attorney's fees from my ex if we cannot come to an agreement on a payment plan.  Is this legal, or would this be resolved in small claims court?  The amount is $2800.


 


I plan on filing bankruptcy once the Final Order is submitted.  The divorce has left me with a mountain of debt.


 


Thank you for your help.

Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

1. Can he file the Final Order as he has written it?

Yes but if the Final Order is ambiguous or confusing, or missing terms, the judge will demand a formal addendum to the Order to ensure that all parts that have not been included appear in the document.

 

2. Doesn't the items in the Temp Order need to be included in the Final Order?

Yes and no. A temp order is replaced by the final order, so if you want any specific terms from the temp order to survive, they need to be included But a final order and a temp order can be absolutely different from one another.

 

3. What happens if we do not agree on the way he wrote the Final Order? Do we both submit the Final Order and the Judge chooses which one?

If you disagree, you can contest it and either file your own order or file a request to modify. The judge generally will not rule until both sides agree on the language.

 

4. He included a statement at the end of the final order, that states he wants the Family Court to address the part of the attorney's fees from my ex if we cannot come to an agreement on a payment plan. Is this legal, or would this be resolved in small claims court? The amount is $2800.

No, that is permitted, as this is a formal family law related debt. It would still be something a family law judge can respond to.

 

Good luck.

Customer: replied 1 year ago.

Will the attorney's fees still be able to be discharged in a bankruptcy?


 


Thank you for your help.

Expert:  Dimitry K., Esq. replied 1 year ago.

Kevin,

Attorney fees are indeed dischargeable. What is not able to be discharged are past owed taxes, most types of student loans, child support, or restitution payments. Attorney fees are a simple debt and therefore can be discharged via Chapter 7.

Hope that helps and good luck!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38734
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.