Do I need Findings and Orders after Hearing?

[DecentDad]

Hi Soc,

Judge didn't order either of us to write up the orders.  He just said that I can pick up the minute orders from the clerk during break.

I did that, and the clerk went ahead and mailed the minute orders to me.

They adequately represent what was ordered as to child support, filing the dissomaster printout, split costs on childcare, split costs on unreimbursed medical/dental.

1.  Do I need to prepare the orders, or is having the minute order sufficient?

2.  Should I serve anything on mom (who was present at the hearing)?  Seems like the orders are all about my own liabilities, so it's not like I'd ever need proof of service on her.

Thanks,
DD

[socrateaser]

>1.  Do I need to prepare the orders, or is having the minute
>order sufficient?

You must prepare the order and submit (service by mail) it to the other party for approval as to form. She has 5 days to provide you with written objections, after which you can submit the order to the judge for signature and entry into the court record, whether the other party approves or not. There is no final order until you do this.

If she objects, then you can either negotiate in good faith, or, if you believe further negotiation would be futile, you can submit the order to the court with a letter explaining why there is no approval by the other party, and why you believe that your version of the order, comports with the court decision.

Your opponent can also submit her version to the court of how the order should read.

Of course you have no legal obligation to tell the other party how to respond or that they can object to your interpretation of the minute orders, or that they can submit their own order, etc.

So, if I wuz you, I'd prepare the order and serve it on your ex with a cover letter that says nothing more than:

"Dear X,

Enclosed please find the order after hearing for your approval as to form. If you do not return the document signed to me within 5 days, I will assume that you agree with the order as prepared, and I will submit it to the court for signature and entry into the court file.

Sincerely,

ME"

[DecentDad]

Thanks, Soc.

Found and easily filled out forms for Findings and Orders after Hearing (FL-340) and Child Support Info and Order Attachment (FL-342).

On the latter, I see item #8 says, "An Order/Notice to Withhold Income for Child Support (FL-195) must issue..."

And item #13 states that both parties must file a Child Support Case Registry Form (form FL-191) within 10 days.

I've never filed either of those forms, as I've always paid child support directly to mother, per our original stipulation.

As a result of the court ruling on the matter, must we now file those forms, rather than our original agreement that I'd pay her directly?

Thanks,
DD

[socrateaser]

First, with regard to FL-191, both of your are required to register -- but, there's no teeth to this requirement, as the court/state won't follow up. You could conceivably be found in contempt, but, this only becomes an issue when one of the parents tries to hide, so unless this is a concern of yours, I wouldn't worry about it. Or, if you want to be annoying, then you register, and then file for contempt against the other parent, as I'm fairly certain that she won't register. LOL! (kidding...don't do this).

Regarding FL-195, if you have an "alternative arrangement" (i.e., written stipulation/agreement to pay directly) with the obligee, then you can pay direct, although the obligee parent can apply for a wage assignment at any time and the court clerk will issue it, without advance notice to you.

In Section 11 of form 342, write (see Exhibit #1, "Further Orders", attached and hereby incorporated herein). Then in Exhibit #1:

Further Orders

1. In accordance with Family Code Section 5260(b)(2), the court finds that the parties have entered into an alternative arrangement permitting the obligor parent to make direct payments of child support to the obligee parent. Therefore, the court orders that the mandatory wage assignment shall be stayed, for so long as obligor's support payments are in full compliance with the parties' alternative arrangement, Family Code Section 5260, and the other terms and conditions of the court's support orders.

2. (whatever other orders you want to submit)

[DecentDad]

.