Consent Order


#1

I am very frustated at the process and time of my separation. Since November, I have paid my attorney to do a separation agreement, another revised separation agreement and file a complaint with the court. The first court date for temporary custody, child support, PSS and Inter. Dist was continued because defendant did not have a lawyer, then it was continued again because defendants attorney needed to prepare, then continue again on June 7 because there was a miss communication with court date and time. Now we have a court date for Monday but the attorneys would like to enter a consent order before the court date. Problem I have with this is that I have been told that PSS and child support would be retroactive to the date of filing once the temporary issues are heard but with the consent order they will not be addressed. Why is that?
Are the credit card debts handled at the permanent hearing only? Can the courts require him to pay monthly on the credit card debt until the permanent hearing? Why aren’t the PSS and child support retro to the date of filing in a consent order or at the temp hearing and when can I expect to ask to have my attorney fees reimbursed? All this order and complaints are costing me a lot of money I dont have and it’s just on a temp basis. Is it better to get my case heard in front of the judge on a temp basis or have a consent order? The consent order doesnt address all the debt I have accurred as far as attorney fees, credit card debt, PSS and child support. We only have 4 months until we can file for divorce and feel like he will only have to pay 4 months of support.Will I have to go through this all over again whne filing divorce for a permanent order? He is scheduled to deploy in the next 2 or 3 months as well. How will that affect this case? Thank you


#2

You do not have to consent to an order you do not agree with. The retroactive support would not be included in a consent order, only if that was the deal agreed to by the parties. If the other side does not agree to paying retroactive support, you are entitled to have your day in court to present your evidence and receive back support.

Debts will be handled in either a final distribution of property, or an interim hearing, if motion is made to distribute the same early, and a court can require a party to make payments on accounts during the pendency of the action upon proper motion and hearing.

As for the attorney’s fees, if you made a claim for the same, the judge will rule on that issue at the hearing for PSS, or temporary support, your attorney will likely need to remind the judge to rule on that issue at the conclusion of the hearing.


#3

My attorney has stated that he does not believe I will be entitled to retro PSS from the date of filing so he can not include in consent order. If I go to court, will the judge consider it? Also my attorney states that attorneys are Sometimes not address at the temp hearing only a permanent hearing yet the attorney fees request is included in the complaint for temp PSS. Will one of the parties have to file for divorce before the permanent hearings can be scheduled?


#4

The judge can consider retroactive support at the hearing if you made a claim for it in your complaint. Attorney’s fees can be considered before the final hearing, which can be had before the divorce, so long as ED has been decided.