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Does this seem too long to wait?

Started by Ref, Dec 21, 2006, 12:10:18 PM

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Ref

Court was 10/30.

Attorney gave OC draft of final order to look over in early November. OC asked for a change in wording. (wanted the word "sufficiant" to be replaced with "superior"). Attorney gave it back immediately. OC has not responded or filed.

I don't want to bug my attorney anymore to get on OC's case 'casue I don't want to rack up my already steep legal bills.

My attorney has advised me to act as though the order is final and start paying lower support (as ordered by the judge).

1. Is it me, or does 2 months to file the final order seem excessive?
2. Is it really OK to pay the lower support even if the final order is not filed?

Ref

socrateaser

>Court was 10/30.
>
>Attorney gave OC draft of final order to look over in early
>November. OC asked for a change in wording. (wanted the word
>"sufficiant" to be replaced with "superior"). Attorney gave it
>back immediately. OC has not responded or filed.
>
>I don't want to bug my attorney anymore to get on OC's case
>'casue I don't want to rack up my already steep legal bills.
>
>My attorney has advised me to act as though the order is final
>and start paying lower support (as ordered by the judge).
>
>1. Is it me, or does 2 months to file the final order seem
>excessive?

It's ridiculous. Your attorney should move to have the order entered and ask the court to have OC pay your attorney fees.

>2. Is it really OK to pay the lower support even if the final
>order is not filed?

If this is a stipulated/negotiated order between parties, then No, because the other party can change her mind. If it was ordered by the court, and you are merely entering the final prepared order to formally comport with the court requirements, then Yes, because there's a court record of what was ordered and your entering the final order is ministrial.

I would "save" the difference in the payments, in a separate bank account, in case things go off the rail, until the final order is actually entered.