reasonable time for co after 21 day expiration?

[antonin]

Had hearing to Modify CS. Ex did not appear.
Referee recommended modification.
21 day period for ex to object expired 2 weeks ago.


1) When should I expect a court order?

2) What should I do if I do not get one? (pro se)

[socrateaser]

>Had hearing to Modify CS. Ex did not appear.
>Referee recommended modification.
>21 day period for ex to object expired 2 weeks ago.
>
>
>1) When should I expect a court order?

Never.

>
>2) What should I do if I do not get one? (pro se)

Unless you submitted a proposed order with your motion to modify, you must prepare a order and submit it for the court's signature. There may have been "minute orders" (notes of hearing outcome). If so, you can get them from the judge's clerk, or the referee, or whoever keeps such things in your jurisdiction. Then you can prepare the order based on what was actually written. Otherwise, you just use your memory of what happened.

You're not out of the woods yet, however, because, generally, you must submit the order to the other party for approval as to form, and if they don't approve, then you must send it to the court with a coverletter explaining why it is not approved and why the court should enter it anyway.

I would avoid this little detail, and just write the order and submit it with a coverletter stating that the other party did not appear, the referee recommended the modification persuant to your motion, and the text of the prior order, and, that as the other parent has not objected to entry of the order within the 21-day limitation, that the court should enter the new order forthwith.

If your wages are garnished, you must ALSO produce a new wage garnishment writ, and have the court clerk sign it, so that you can FINALLY send it to your employer, and have your support reduced.

Sum fun, eh?

[antonin]

I dunno. At the hearing, the referee's recommendation and notes were computer-generated and also generated was a Court Order based on his recommendations. I have copies of these. they were given to me on the spot. There was aslo a computer-generated witholding order created on the spot which I have a copy of.
The recommendation stated that unless the other party objected within 21 days, the recommendations would become a court order.


Michigan Court rules state:

 Within 21 days after a hearing, except for a hearing on income withholding, the referee must either make a statement of findings on the record or submit a written, signed report containing a summary of testimony and a statement of findings. In either event, the referee must make a recommendation for an order and arrange for it to be submitted to the court and the attorneys for the parties, or the parties if they are not represented by counsel.

A proof of service must be filed with the court. If the recommendation for an order is approved by the court and no written objection is filed with the court clerk within 21 days after the recommendation is served on the attorneys for the parties, or the parties if they are not represented by counsel, the order will take effect.

My ex was mailed a copy of the referee's recommendations and proposed computer-generated order.