Temporary Order for Custody/ Child Support


#1

Dear HST302:

Greetings. If the order was never entered, then it is not valid. For an order to be valid it needs a judge’s signature and to be clocked in at the clerk of court’s office (among a couple of other requirements). A verbal agreement on custody and child support is not enforceable.

I don’t know what type of action you have (although I can assume it is child custody and support) nor do I know what you mean by “permanent agreements could not be started at this time.” Sorry.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

If both the Plaintiff and Defendant agreed upon temporary custody arrangements and temporary child support but the order itself was never filed by the court, is the order still valid? If so to what extent?

The clerk of court has confirmed that there was no filing of the order to date and therefore permanent agreements could not be started at this time. Is that correct?..Thanks!.