New attorney wants to delay entry of Findings and Order After Hearing

[DecentDad]

Soc,

Okay, got sub of attorney form served by mail, dated April 13.

In it, she provides copy of correspondence dated April 13 to the judge, asking "I request that you postpone signing the Findings and Order After Hearing.  I wish to order the transcript from this hearing and have the opportunity to review it and make any relevant objections on behalf of my client."

This was in reference to the March 22 OSC to Modify Support, wherein judge imputed biomom's income and then plugged everything into the dissomaster.

I served Findings and Order After Hearing on biomom by mail on March 31.  I based my Findings and Order After Hearing specifically and TO THE LETTER from the Minute Order the clerk gave me.

Biomom advised me by email that she would notify me prior to April 8 if she had any objections.

Given that the orders are pretty straightforward (i.e., new CS amount to be paid and each parent pays half of childcare directly to provider), I wasn't expecting any objections and didn't rush to file the Findings and Order After Hearing five days after service.  I haven't filed them yet.

To be clear, neither biomom nor her attorney have raised any objections.  Attorney just wants the court to delay entry because she doesn't know if she has objections yet... and possibly re-argue the case, after the matter has already faced a ruling.

I was planning on writing a cover letter to the court stating no expected objections, because biomom never signed and returned the proposed Findings and Orders.  But I probably can't do that anymore.

1.  How to proceed?  Write letter to the court, asking that these Findings and Orders be entered (on such a straightforward matter) in that it's well past the period to object, that there are STILL no state objections, and that biomom herself stated her own deadline that has come and gone?


Thanks,
DD

[socrateaser]

>1.  How to proceed?  Write letter to the court, asking that
>these Findings and Orders be entered (on such a
>straightforward matter) in that it's well past the period to
>object, that there are STILL no state objections, and that
>biomom herself stated her own deadline that has come and
>gone?

Letter to judge stating that

"BM has had her full opportunity for due process in this matter, and the opportunity to be represented by an attorney at a hearing on the merits. Furthermore, even if she had been represented, her attorney would have been expected to respond to the prepared findings and orders within five days of service, which would have been ??/??/?? (you figure it out).

It is now ??/??/??, and there is no lawful justification for the court to provide BM with some extra due process just because she has now chosen to retain an attorney. If BM's attorney wishes to file a new motion to modify support based upon a material change in circumstances, then that is his/her right. However, the court should enter the current order as prepared and presented. To do otherwise, would deprive me of my right to due process."

[DecentDad]

.