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Is this what I need Soc?

Started by MissouriGal, Jun 02, 2004, 08:35:08 PM

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MissouriGal

A Final Judgment By Consent?

IN THE CIRCUIT COURT OF MONROE COUNTY


Rxxxxx Kxxxx Mxxxxxx,
xxx-xx-xxxx          Petitioner

Vs.                                                       Cause No. CVxxx-xxxDR

Txxxx Dxxxxxx Mxxxxxx,
xxx-xx-xxxx          Respondent



FINAL JUDGMENT BY CONSENT


WHEREAS, the parties in this action, having benefit of legal counsel or having intentionally waived the right to said legal counsel,

AND WHEREAS, the parties have consented to the entry of this Final Judgment without trial or adjudication of any issues of fact or law herein, and without this Final Judgment constituting any evidence against or an admission by any party with respect to any issue of law or fact herein,

AND WHEREAS the parties have agreed to be bound by the provisions of this Final Judgment pending it's approval by the court;

NOW, THEREFORE, before the taking of any testimony and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

1. That the parties shall share Joint Legal Custody of the parties minor children;
2. That the Respondent shall have primary physical placement of the parties minor child Kxxxxxx Exxxxxx Nxxxxxx Mxxxxxx;
3. That the Petitioner shall have primary physical placement of the parties minor children Txxxxx Kxxxx Mxxxxxx and Bxxxxxxx Axxxxxxxxx Mxxxxxx;
4. That the parties Stipulated Parenting Plan is approved in it's entirety and shall be incorporated in the order of the Court;
5. That the Respondent shall pay to the Petitioner the sum of $1.00 per month as and for child support of the minor children Txxxxx and Bxxxxxxx as determined by the presumption established pursuant to Civil Rule 88.01, Form 14, and allowing for a split physical custody arrangement payable the 15th of every month directly to the Petitioner.


SO ORDERED__________________   
                         Date            


_________________________
Judge      



The reason for the $1 in CS payable by me to him is because with Missouri's Form 14, he should pay me $187 a month, and I should pay him $188 a month, leaving a balance of $1 per month payable from me to him. That is addressed in the Parenting Plan in it's entirety. I've also done another one stating that there is no child support ordered to be paid by either party since it's so close to a wash... that way I'll have it either way he actually orders it.

As for the date and judge signature lines.... I copied that directly from my husband's Missouri final decree and his CS modification. That's all they have on them...

socrateaser

Yes, except, as I understand it, you are entering a "stipulated order" not a judgment. Judgment comes at the very end of a case. Where CS is concerned, things never end, nevertheless, there is only one final judgment, and you've already had it.

And, there will be no hearing on this matter, if you submit the order the right way -- the court will order this, almost certainly.

So, some editing below:

>
>IN THE CIRCUIT COURT OF MONROE COUNTY
>
>
>Rxxxxx Kxxxx Mxxxxxx,
>xxx-xx-xxxx          Petitioner
>
>Vs.                                                      
>Cause No. CVxxx-xxxDR
>
>Txxxx Dxxxxxx Mxxxxxx,
>xxx-xx-xxxx          Respondent
>
>
>
>CONSENT ORDER
>
>
>WHEREAS, the parties in this action, having benefit of legal
>counsel or having intentionally waived the right to said legal
>counsel;
>
>AND WHEREAS, the parties have consented to the entry of this
>Consent Order without trial or adjudication of any issues of
>fact or law herein, and without this Consent Order
>constituting any evidence against or an admission by any party
>with respect to any issue of law or fact herein;
>
>AND WHEREAS the parties have agreed to be bound by the
>provisions of this Consent Order pending it's approval by the
>court;
>
>NOW, THEREFORE, before the taking of any testimony and without
>trial or adjudication of any issue of fact or law herein, and
>upon consent of the parties hereto, it is hereby ORDERED,
>ADJUDGED, and DECREED as follows:
>
>1. Petitioner and Respondent shall share Joint Legal Custody of the
>parties minor children.
>2. Respondent shall have primary physical placement of the parties' minor child Kxxxxxx Exxxxxx Nxxxxxx Mxxxxxx.
>3. Petitioner shall have primary physical placement of the parties' minor children Txxxxx Kxxxx Mxxxxxx and Bxxxxxxx Axxxxxxxxx Mxxxxxx.
>4. The Stipulated Parenting Plan, attached and incorporated herein as Exhibit #1, is hereby ordered as stipulated.
>5. The parties agree, and the court hereby finds, that it is in the best interests of the children that no child support shall be ordered at this time, and it is further ordered, that all prior orders for child support in this case are hereby terminated.
6. Either party may return to court at any time and request a modification of child support or custody, on grounds that child support or a change in custody would be in the child(ren)'s best interests, and without a showing of changed circumstances.
>
>SO ORDERED__________________   
>                         Date            
>
>
>_________________________
>Judge      
>

(Leave Space for the court seal)


Agreed to by the parties:




By: _______________
PETITIONERNAME
Petitioner, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Acknowledged before me this ____ day of ________, 2004,

By: ______________
NOTARY PUBLIC
My Commission expires: __________

By: _______________
RESPONDENTNAME
Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Acknowledged before me this ____ day of ________, 2004,

By: ______________
NOTARY PUBLIC
My Commission expires: __________

MissouriGal

I typed up the order and submitted it yesterday.

He signed the In Forma Pauperis Motion, but neglected to sign the Order. The clerk seems to think it was an oversight on the judges part, that he didn't see it in the file. (He had quite a stack of things there that were just waiting for his signature, and mine was amongst the pile somewhere.) She's going to try to get in touch with him and perhaps fax it to him for his signature. (Traveling judge... office is in another county, and he's only in my county one day a month.)

Will keep you updated.

Thanks again!!!

MissouriGal

A Final Judgment By Consent?

IN THE CIRCUIT COURT OF MONROE COUNTY


Rxxxxx Kxxxx Mxxxxxx,
xxx-xx-xxxx          Petitioner

Vs.                                                       Cause No. CVxxx-xxxDR

Txxxx Dxxxxxx Mxxxxxx,
xxx-xx-xxxx          Respondent



FINAL JUDGMENT BY CONSENT


WHEREAS, the parties in this action, having benefit of legal counsel or having intentionally waived the right to said legal counsel,

AND WHEREAS, the parties have consented to the entry of this Final Judgment without trial or adjudication of any issues of fact or law herein, and without this Final Judgment constituting any evidence against or an admission by any party with respect to any issue of law or fact herein,

AND WHEREAS the parties have agreed to be bound by the provisions of this Final Judgment pending it's approval by the court;

NOW, THEREFORE, before the taking of any testimony and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

1. That the parties shall share Joint Legal Custody of the parties minor children;
2. That the Respondent shall have primary physical placement of the parties minor child Kxxxxxx Exxxxxx Nxxxxxx Mxxxxxx;
3. That the Petitioner shall have primary physical placement of the parties minor children Txxxxx Kxxxx Mxxxxxx and Bxxxxxxx Axxxxxxxxx Mxxxxxx;
4. That the parties Stipulated Parenting Plan is approved in it's entirety and shall be incorporated in the order of the Court;
5. That the Respondent shall pay to the Petitioner the sum of $1.00 per month as and for child support of the minor children Txxxxx and Bxxxxxxx as determined by the presumption established pursuant to Civil Rule 88.01, Form 14, and allowing for a split physical custody arrangement payable the 15th of every month directly to the Petitioner.


SO ORDERED__________________   
                         Date            


_________________________
Judge      



The reason for the $1 in CS payable by me to him is because with Missouri's Form 14, he should pay me $187 a month, and I should pay him $188 a month, leaving a balance of $1 per month payable from me to him. That is addressed in the Parenting Plan in it's entirety. I've also done another one stating that there is no child support ordered to be paid by either party since it's so close to a wash... that way I'll have it either way he actually orders it.

As for the date and judge signature lines.... I copied that directly from my husband's Missouri final decree and his CS modification. That's all they have on them...

socrateaser

Yes, except, as I understand it, you are entering a "stipulated order" not a judgment. Judgment comes at the very end of a case. Where CS is concerned, things never end, nevertheless, there is only one final judgment, and you've already had it.

And, there will be no hearing on this matter, if you submit the order the right way -- the court will order this, almost certainly.

So, some editing below:

>
>IN THE CIRCUIT COURT OF MONROE COUNTY
>
>
>Rxxxxx Kxxxx Mxxxxxx,
>xxx-xx-xxxx          Petitioner
>
>Vs.                                                      
>Cause No. CVxxx-xxxDR
>
>Txxxx Dxxxxxx Mxxxxxx,
>xxx-xx-xxxx          Respondent
>
>
>
>CONSENT ORDER
>
>
>WHEREAS, the parties in this action, having benefit of legal
>counsel or having intentionally waived the right to said legal
>counsel;
>
>AND WHEREAS, the parties have consented to the entry of this
>Consent Order without trial or adjudication of any issues of
>fact or law herein, and without this Consent Order
>constituting any evidence against or an admission by any party
>with respect to any issue of law or fact herein;
>
>AND WHEREAS the parties have agreed to be bound by the
>provisions of this Consent Order pending it's approval by the
>court;
>
>NOW, THEREFORE, before the taking of any testimony and without
>trial or adjudication of any issue of fact or law herein, and
>upon consent of the parties hereto, it is hereby ORDERED,
>ADJUDGED, and DECREED as follows:
>
>1. Petitioner and Respondent shall share Joint Legal Custody of the
>parties minor children.
>2. Respondent shall have primary physical placement of the parties' minor child Kxxxxxx Exxxxxx Nxxxxxx Mxxxxxx.
>3. Petitioner shall have primary physical placement of the parties' minor children Txxxxx Kxxxx Mxxxxxx and Bxxxxxxx Axxxxxxxxx Mxxxxxx.
>4. The Stipulated Parenting Plan, attached and incorporated herein as Exhibit #1, is hereby ordered as stipulated.
>5. The parties agree, and the court hereby finds, that it is in the best interests of the children that no child support shall be ordered at this time, and it is further ordered, that all prior orders for child support in this case are hereby terminated.
6. Either party may return to court at any time and request a modification of child support or custody, on grounds that child support or a change in custody would be in the child(ren)'s best interests, and without a showing of changed circumstances.
>
>SO ORDERED__________________   
>                         Date            
>
>
>_________________________
>Judge      
>

(Leave Space for the court seal)


Agreed to by the parties:




By: _______________
PETITIONERNAME
Petitioner, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Acknowledged before me this ____ day of ________, 2004,

By: ______________
NOTARY PUBLIC
My Commission expires: __________

By: _______________
RESPONDENTNAME
Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Acknowledged before me this ____ day of ________, 2004,

By: ______________
NOTARY PUBLIC
My Commission expires: __________

MissouriGal

I typed up the order and submitted it yesterday.

He signed the In Forma Pauperis Motion, but neglected to sign the Order. The clerk seems to think it was an oversight on the judges part, that he didn't see it in the file. (He had quite a stack of things there that were just waiting for his signature, and mine was amongst the pile somewhere.) She's going to try to get in touch with him and perhaps fax it to him for his signature. (Traveling judge... office is in another county, and he's only in my county one day a month.)

Will keep you updated.

Thanks again!!!