Can a judge do this?


#1

A judge’s order is not final until it has been reduced to writing and signed by the court. She did not previously rule on the issues you presented and later entered a ruling, that would not technically be considered changing her mind. If you are unhappy with the order you could appeal her ruling.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I have a question about appeals. My ex was not happy about a recent court order where he was held in contempt for refusing to pay back child support. He was ordered to pay all of the back support, plus atty fees or go to jail. I am afraid he will appeal, and if he does, does that mean he does not have to follow the order until the appeal is heard


#3

Even if he appeals an order for contempt is not generally stayed pending the result of the appeal. Which means he will likely still have to pay.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I was recently invovled in a trial where my ex was trying to reduce my Alimony/CS. We had a 2 day trial and then came back on the third day to close. The judge decided that there was going to be an “interactive close” and that she would rule on the case right then. So that is how it went but there were two clauses that my ex wanted to get out of the original agreement and they were paying for college and providing cars for the kids. She specifically said that she was not going to rule on those issues and only rule on the reduction. So that is how it went. Case close I thought! My Ex’s attorney was going to write the order. The attorneys have been fighting over the wording of the order for 2 months now. So the two attorney’s met with the judge the other day and now all of sudden she has decided to remove both the college clause and the car clause (both were in consent orders). The car clause was never brought up and she said specifically during the trial that she was not going to rule on the college clause. So now my attorney is telling me that she basically changed her mind in yesterdays meeting she have removed both clauses…How can that be? I am going to ask my attorney for the DVD of the ruling but I just don’t understand how she can change her ruling that was made in Sept. Do I have any recourse?