what to do?

[marnbuk]

I went to mediation with my ex husband in May 2005 to modify his visitation. We mediated and did not need to set a court date. At the time we mediated he owed 5,000.00 in medical support and had never carried insurance. I agreed to drop the arrearages to 3,000.00 to be paid at 75.00 per month if he would agree to pay 100.00 per month in medical support and I would carry the insurance and pay all medical expenses (this is a special needs child). He was to begin paying the 175.00 per month on June 1, 2005. This was the second time I had to go after him on medical/child support in less than two years.
  It is now December and he has not paid anything we agreed on. His attorney has not signed the orders or had him sign them and sent them to the judge. Obviously this is to his advantage and his attorney is well aware of what she is doing. My attorney has attempted numerous times to get the orders signed and sent to the judge without success. The state is telling me without the actual orders they cant garnish his wages (even though I have the mediation papers with everyones signatures).


1. What can I do to get the orders signed?

 2. Can I request we go before the Judge since they have been deceptive?

3. Can he be in contempt again on current medical support since he hasnt been paying what we agreed to or following the old orders?

4. How can I get the state to start garnishing his wages since I have the signed mediation paperwork?

[socrateaser]

>1. What can I do to get the orders signed?

You say that your attorney has been able to get the judge to sign the orders. What exactly does your attorney state is the reason for the judge's refusal to sign? This is important. Judges don't just refuse to sign orders, unless (1) there's either some legal issue that is not resolved, or (2) the judge is biased in some way against you or your attorney, or (3) the judge is unavailable (mentally/physically).

There is also the possibility that (4) your attorney is not competent or (5) your attorney has been turned against you, either by (5a) your own doing or by (5b) some third party unknown.

You need to think about the issues that I have discribed above and determine if any of them are true. Because, if none of them are true, then the judge should have signed the orders, therefore, one of the issues MUST be TRUE.

> 2. Can I request we go before the Judge since they have been
>deceptive?

You can file for a writ of mandamus with a higher court and try to force the issue, but it won't be real cheap. That's why I'm wondering what's up with this case.

>
>3. Can he be in contempt again on current medical support
>since he hasnt been paying what we agreed to or following the
>old orders?

Yes. The old orders are in force until the new ones are entered by the court (signed and filed).

>4. How can I get the state to start garnishing his wages since
>I have the signed mediation paperwork?

See above.

[marnbuk]

It isnt the judge that is refusing to sign the orders it is the BF and his attorney. They have had one excuse after another. I believe it is intentional to keep the BF from having to pay this (at least on his part). His attorney is always to busy or cant get the BF to come in and read them. I am wondering how to get it to the judge since it was a mediation agreement. The judge read over the agreement and approved it I just need the orders signed so they can get to the judges desk. The judge has not turned against me and he told the BF if he saw him one more time for this he would throw him in jail since it is his third contempt in less than 3 years. My attorney notified me today that the BF attorney is now claiming she hasnt had a chance to read them (after 6 and a half months).
  1. How can I get this resolved?
  2. Can I write to the judge or would that be biased if he read it?
  3. Is there anyone to make a complaint to?
  4. Can I just tell my attorney to set a court date and they will either sign them before then or the judge can handle the matter?

[socrateaser]

I'm a bit confused. If you have a mediation agreement, then either the other party has signed that agreement, or YOU DON'T HAVE AN AGREEMENT, and it doesn't matter whether or not the judge has approved the agreement in form, unless the other party has stated in open court on the record that he/she agrees with the proposed mediation agreement as presented to the court for approval.

So, if the other party hasn't signed, then, unless the agreement is on the court record, or you can get the mediator to testify that a complete agreement was had during mediation, then there is NO AGREEMENT, and you should be setting the matter for trial, because that's what happens when there's no agreement in a litigation.

Maybe the above isn't what's actually happening, but it seems like it is, so tell me if I have it right or wrong.

[marnbuk]

I am not sure. You know more than I do. We are in Texas and we went to mediation (not in court). All parties agreed to a plan and it was put in writting. Both attorneys, myself, BF, and mediator signed the agreement. I have a copy of it. The BF attorney was supposed to type up the orders and send them to my attorney with her and BF signatures so my attorney and myself could sign them and send them to the judge. The other attorney has not done this so my attorney finally prepared the orders and we signed and sent them to his attorney. They have not done anything with them. The state said they cant garnish using the mediation papers because the judge has not signed them. Nothing was presented in court because we werent at court we were at a mediation center. Now I am stuck. I have done everything we agreed on and he has done nothing.
1. can I report his attorney to anyone for deceptive practice or anything else?
2. can I get this to the judge somehow?

[marnbuk]

I went to mediation with my ex husband in May 2005 to modify his visitation. We mediated and did not need to set a court date. At the time we mediated he owed 5,000.00 in medical support and had never carried insurance. I agreed to drop the arrearages to 3,000.00 to be paid at 75.00 per month if he would agree to pay 100.00 per month in medical support and I would carry the insurance and pay all medical expenses (this is a special needs child). He was to begin paying the 175.00 per month on June 1, 2005. This was the second time I had to go after him on medical/child support in less than two years.
  It is now December and he has not paid anything we agreed on. His attorney has not signed the orders or had him sign them and sent them to the judge. Obviously this is to his advantage and his attorney is well aware of what she is doing. My attorney has attempted numerous times to get the orders signed and sent to the judge without success. The state is telling me without the actual orders they cant garnish his wages (even though I have the mediation papers with everyones signatures).


1. What can I do to get the orders signed?

 2. Can I request we go before the Judge since they have been deceptive?

3. Can he be in contempt again on current medical support since he hasnt been paying what we agreed to or following the old orders?

4. How can I get the state to start garnishing his wages since I have the signed mediation paperwork?

[socrateaser]

>1. What can I do to get the orders signed?

You say that your attorney has been able to get the judge to sign the orders. What exactly does your attorney state is the reason for the judge's refusal to sign? This is important. Judges don't just refuse to sign orders, unless (1) there's either some legal issue that is not resolved, or (2) the judge is biased in some way against you or your attorney, or (3) the judge is unavailable (mentally/physically).

There is also the possibility that (4) your attorney is not competent or (5) your attorney has been turned against you, either by (5a) your own doing or by (5b) some third party unknown.

You need to think about the issues that I have discribed above and determine if any of them are true. Because, if none of them are true, then the judge should have signed the orders, therefore, one of the issues MUST be TRUE.

> 2. Can I request we go before the Judge since they have been
>deceptive?

You can file for a writ of mandamus with a higher court and try to force the issue, but it won't be real cheap. That's why I'm wondering what's up with this case.

>
>3. Can he be in contempt again on current medical support
>since he hasnt been paying what we agreed to or following the
>old orders?

Yes. The old orders are in force until the new ones are entered by the court (signed and filed).

>4. How can I get the state to start garnishing his wages since
>I have the signed mediation paperwork?

See above.

[marnbuk]

It isnt the judge that is refusing to sign the orders it is the BF and his attorney. They have had one excuse after another. I believe it is intentional to keep the BF from having to pay this (at least on his part). His attorney is always to busy or cant get the BF to come in and read them. I am wondering how to get it to the judge since it was a mediation agreement. The judge read over the agreement and approved it I just need the orders signed so they can get to the judges desk. The judge has not turned against me and he told the BF if he saw him one more time for this he would throw him in jail since it is his third contempt in less than 3 years. My attorney notified me today that the BF attorney is now claiming she hasnt had a chance to read them (after 6 and a half months).
  1. How can I get this resolved?
  2. Can I write to the judge or would that be biased if he read it?
  3. Is there anyone to make a complaint to?
  4. Can I just tell my attorney to set a court date and they will either sign them before then or the judge can handle the matter?

[socrateaser]

I'm a bit confused. If you have a mediation agreement, then either the other party has signed that agreement, or YOU DON'T HAVE AN AGREEMENT, and it doesn't matter whether or not the judge has approved the agreement in form, unless the other party has stated in open court on the record that he/she agrees with the proposed mediation agreement as presented to the court for approval.

So, if the other party hasn't signed, then, unless the agreement is on the court record, or you can get the mediator to testify that a complete agreement was had during mediation, then there is NO AGREEMENT, and you should be setting the matter for trial, because that's what happens when there's no agreement in a litigation.

Maybe the above isn't what's actually happening, but it seems like it is, so tell me if I have it right or wrong.

[marnbuk]

I am not sure. You know more than I do. We are in Texas and we went to mediation (not in court). All parties agreed to a plan and it was put in writting. Both attorneys, myself, BF, and mediator signed the agreement. I have a copy of it. The BF attorney was supposed to type up the orders and send them to my attorney with her and BF signatures so my attorney and myself could sign them and send them to the judge. The other attorney has not done this so my attorney finally prepared the orders and we signed and sent them to his attorney. They have not done anything with them. The state said they cant garnish using the mediation papers because the judge has not signed them. Nothing was presented in court because we werent at court we were at a mediation center. Now I am stuck. I have done everything we agreed on and he has done nothing.
1. can I report his attorney to anyone for deceptive practice or anything else?
2. can I get this to the judge somehow?