Getting nervous and frustrated

[hoosierpapa4]

Last Court appearance was on April 25th of this year, Indiana.  Court directed both parties to submit "Findings of Fact, Conclusions of Law, and Order" for the Court.  Both parties submitted their recommendations (28 days after the Court ordered them to do so).  According to Indiana Trial Rule procedures, the Court has 90 days to render an Order.  That would be 90 days from April 25th according to my attorney (July 24th).  Also, if no Order is generated by Magistrate for signature by a Judge, or if the Judge doesn't sign/approve the recommendation of the Magistrate, then our only recourse is to petition the Supreme Court of Indiana for an appointment of a Special Judge then rehear the case.

1) Is there anything short of rehearing this that my Attorney can do to "encourage" the Magistrate or Judge do their jobs?

I understand that it might rub the Judge or Magistrate RAW having one party "encourage" them to do their job, but I have been waiting 2.5 years to get support modified.

2) Is there any official way of requesting a status or status hearing to find out where this Order is after waiting the 90 days?

Thanks in advance for your help.

[socrateaser]

>
>1) Is there anything short of rehearing this that my Attorney
>can do to "encourage" the Magistrate or Judge do their jobs?

Your attorney can call the judge's assistant/clerk and ask if there's a problem with the proposed findings. Or, your attorner can write a respectful letter and ask if there's anything that he/she can do to to expedite the process. If it were me, I'd call the clerk and tell him/her that "My client is driving me nuts for a final ruling -- help!" And, hopefully, the clerk would laugh and then put the case file under the judge's nose and say, "Finish this, damn it!"

Remember, this is all just a job for those who work in the courthouse, and everything operates pretty much the same as at any other office.

>
>2) Is there any official way of requesting a status or status
>hearing to find out where this Order is after waiting the 90
>days?

I don't know.

[hoosierpapa4]

>
>>
>>1) Is there anything short of rehearing this that my
>Attorney
>>can do to "encourage" the Magistrate or Judge do their jobs?
>
>Your attorney can call the judge's assistant/clerk and ask if
>there's a problem with the proposed findings. Or, your
>attorner can write a respectful letter and ask if there's
>anything that he/she can do to to expedite the process. If it
>were me, I'd call the clerk and tell him/her that "My client
>is driving me nuts for a final ruling -- help!" And,
>hopefully, the clerk would laugh and then put the case file
>under the judge's nose and say, "Finish this, damn it!"
>
>Remember, this is all just a job for those who work in the
>courthouse, and everything operates pretty much the same as at
>any other office.

I have asked my attorney to contact the administrator/recorder that was at hearing to "plead with her as his client is driving him nuts looking for a status update".  Perhaps this will gently remind her that it's due at the end of this week.  I just wish that this stuff didn't take quite so long (2.5 years is rediculous).  As it is now, no matter what dollar amount is decided for child support, there is going to be a substantial negative arrearage which must be accounted for.  I know for a fact, that the payee will be unable to come up with the $$'s, so there is probably an abatement or severe reduction in the amount that I will have to continue to pay to the X for the care of one of my children who still resides with the X, the other two children are in my care and custody for which I have had no reduction in support obligation to the child still in the care of the X since March of this year (as if all three are still in her care and custody along with one who should be emancipated).

I sent you an email with the documents which have been filed with the Courts in hopes that you will "squirrel them away" for others to use.  I have a few documents which were VERY effective, Request for Admissions, that I would like to share with you if you would like to use them or pass them along that would be great - just need to wait until the end of this 90 days before I can share them.

Thanks again Soc..!!!


>
>>
>>2) Is there any official way of requesting a status or
>status
>>hearing to find out where this Order is after waiting the 90
>>days?
>
>I don't know.