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Unfiled but signed stipulation for CS & Tuition in MA

Started by JMPacl, Jul 26, 2006, 06:07:53 AM

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JMPacl

DH went to court on July 14th for an emergency hearing where BM's lawyer tried to enforce the signed BUT NEVER FILED stipulation (where 45% tuition & $900/mo/CS was agreed to). DH signed that stipulation on Friday, June 30th - but after 5PM b/c negotiations took so long. DH changed his mind on Saturday, July 1st, so he called his lawyer, who had the only original signed copies, and told her to not file it. BM's lawyer called an emergency hearing on July 14th to try to enforce the Stip, but b/c DH was fired from his job on July 5, the judge did not enforce b/c there's no money to be had from DH.

On Friday July 21 there was an emergency order provided by the judge b/c no one could agree on a temporary agreement.  BM's lawyer implied DH quit his job -- which is a total lie!  Temporary orders arrived yesterday in the mail from the judge. DH has been ordered to pay $80 CS per week and 50% of tuition!  And if the stip can be filed, DH will be required to pay CS retroactive to June 30th at $900/mo.  This is basically the same amount of money annually as the original stipulation -- and DH has *no* income right now.

1.) Can DH object to temporary orders?

2.) How can we find case law that describes where a non-filed but signed stip has been implemented in MA?  (BM's lawyer says she knows of case law for this -- and temp orders include her writing up this case to try to enforce the initial stip)

3.) How can CS of $900 per month be charged to someone that's on unemployment??

thanks, Janice