Motion to withdraw?


#1

Several weeks ago my wife went to an attorney and served me with Alimony, post seperation support, child support and child custody! We have sat down and settled all the money isses and made an agreement. However, I still have these court dates on my paperwork? Can she file a motion to withdraw her claims or something so I do not have to go to court? How do we handle this?? Thank you!


#2

Your agreement should be entered as a Consent Order, and can be entered by the judge at the first scheduled hearing, or beforehand, this cancelling the court date. The attorney will need to remove the dates from the calendar when the Consent Order is submitted.


#3

Can my wife go to family court and do the consent order or does an attorney have to do that?


#4

The order can be submitted by either of you, but if your wife is represented by counsel the attorney should take care of this for her.


#5

Couple questions -

  1. My wife originally hired an attorney and sued me for post seperation support, alimony, and child support as well as custody. On Friday we sat down with out attorneys and signed an agreement that she waived her right to alimony, post seperation support and we decided on a child support amount. This document is all neatly typed and we both signed and dated. We did not notorize it? Is it legal binding? We addded a clause at the bottom of the page that states when we signed that agreement we drop all claims toward each other.

  2. Can this document be used as a consent order to stop the upcoming hearing dates that are scheduled for equitable distrubition? She has let her attorney go and we are trying to finish this ourselves. Can I take the document we signed to family court and they record it as a consent order?

Thank you!!


#6

In order to be binding the document each of your signatures must be notarized, unless the document is entitled “memorandum of judgement” and submitted to the judge for entry. If that is the case and the memorandum is submitted the hearings should be removed from the calendar.


#7

It is titled Equitable Distribution agreement, marital debt and child support agreement between jon jones and mary jones. Then it is outlined 1. jon jones agrees to pay blah blah in child support… etc… then signed by the both of us at the bottom of the page after our signeatures it states… "this document shall be legal binding when signed and dated. neither party shall be able to seek judgement against each other about any of the above mentioned items once signed and dated?


#8

It should be submitted to the court as a memorandum and then a formal consent order which outlines all the terms should be entered.


#9
  1. So if I submit the paperwork we signed to the court as a memorandum that will stop the upcoming court dates we had to hash these issues out because we settled them on Friday?

  2. Then I need to attatch the same form we just signed to my absolute divorce paper work in the form of a consent order so the terms can be entered and filed?

Is this right? and do I do all of this at Family court?
Thank you soooo much!!!


#10

If the paperwork you singed was intended to be a memorandum of judgement, then yes, it can be submitted to the judge and the hearings removed.
A formal consent order can be entered at any time.
If your county has a family court office, yes, you will go through that office.


#11

should I put the actual dollar amounts in the consent order that we agreed on?


#12

I really cannot specifically advise you on that issue without a working knowledge of all the facts, which is beyond the scope of this forum.


#13

Filed a Memorandum and a Consent order this morning. How will I know when it gets signed by the judge? And once it is signed can my wife ask for more child support at a later date? We added the financial agreement to the Memorandum and Consent order so the child support amount we agreed on is clearly printed on the form. I am worried she will come back a month from now asking for more money? Thanks -


#14

Orders are not filed until signed by the judge. You must submit the order to the judge according to the rules in your county.
Child support is modifiable based on a substantial change in circumstances ( a change in the support calculation of 15% or more and the passage of 3 years.


#15

When the Order is signed by the Judge is that it? She can’t come back in a month and change her mind and sue me again for post seperation or alimony? Because with her I never know what she may try?

I’m sorry but I did not understand your answer about Child Support?
"Child support is modifiable based on a substantial change in circumstances ( a change in the support calculation of 15% or more and the passage of 3 years."

My question was this - We entered an amount that we agreed on based on the NC Child Support Calculator when the Judge signs that can my wife change her mind and take me back to court for more child support?


#16

A court order for support, alimony or child support, cannot be modified unless the a party files a motion to modify and any such motion must be based on a substantial change in circumstances.