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I will rephrase my last question . I received a STIPULATED ORDER FOR PRE-DECREE RELIEF FROM MY WIFE'S ATTORNEY.

Flushing, NY |

1. I'm the defendant PRO SE
2. Wife has attorney.
My hearing was concluded on June 26th the judge gave instruction to wife's attorney to file within 5 days to the court on what the wife's was granted. Instead I received a STIPULATED ORDER FOR PRE-DECREE RELIEF from my wife's attorney on July 8th. From my understanding should the lawyer file to the court and not me. Now the STIPULATED ORDER FOR PRE-DECREE RELEIF has not court file date, judge signature, wife and attorney signature but attorney put in his transmittal letter sheet requesting a review and sign if a agree, it looks like the wife did not review it first, no signature from my wife or attorney. Something is fishing, why I have review it first and signature first, the other parties should sign it first.

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Attorney answers 3

Posted

You really need a lawyer supervising this process. We cannot perform open heart surgery by remote control as we cannot properly advise about the procedure for a stip signing. Lawyers cannot work by remote control.

Good luck.

Asker

Posted

I understand and I guess I have to use moral judgment by not signing and addressing to the court since I'm doing PRO SE. It looks the lawyer is trying to the modify want the court has order.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

There are no moral issues. The issue is whether you have the skill to execute a stip and understand its contents. Even lawyers get blind sided by stips and have to review each line carefully.

Asker

Posted

I have reviewed carefully over and over. That is when I got the paragraph having me to pay/send child support directly to the counsel and not to the wife until the Child Support Enforcement kicks, does not sound or feel right. So I'm doing good and I do not have pay her attorney fees that see requested and I think the lawyer (counsel) is going to use that child support payment to cover is fees that the wife and kids are support to get. So I believe the counsel bypassed the order and trying to get me to sign something before anyone, the courts do not even know about but they will be I sent off my answer to his the lawyer SPITULATION.

Posted

Your facts are very difficult to follow. If you were sent the stipulation and asked to sign it first, does not mean that your wife has not already approved it, just because her signature is absent from the document. I typically will have the other party sign a stipulation before my client signs it, so this is not unusual. If you have objections to the stipulation, then voice them to your wife's attorney. I strongly recommend that you seek the advice of an attorney before you do anything.

Asker

Posted

Those are the facts and I provided my wife lawyer and the court my objections, the main item I opposed and contest to was the lawyers request to me to send child support payments to him the counsel and not to my wife or CHILD SUPPORT ENFORCEMENT AGENCY, I contacted numerous attorneys and the child support enforcement agency and payments go to the Child Support Agency or the wife. not to a counsel. I think wife and attorney are trying to collect lawyers fees in which the judge denied. I'm doing PRO SE and everything is okay, after the hearing it seems my wife and lawyer are trying to modify something was I make the payments to her lawyer.

Asker

Posted

Thanks and I did not sign it.

Maria C. Tebano

Maria C. Tebano

Posted

That seems very odd. Child support goes to either your spouse directly of payable through the child support collection unit. Make sure you voice your objection to the assigned judge. Good luck.

Asker

Posted

Thanks and I wish I fax you what I have and yes it is very odd.

Asker

Posted

I quote this and it says "Until the order for income assignment kicks in, defendant shall pay plaintiff 681.00 in child support directly to counsel". On the STIPULATED ORDER FOR PRE-DECREE RELIEF that my wife lawyer submitted to me and has no court order judge name signature or date, no wife signature or date or attorney (counsel) signature or date. The lawyer put in his transmittal letter and I quote "Please review the enclosed for accuracy and content. These document reflect the orders of the court from out hearing last week. If you agree with the above, please sign and return the documents to me. You may want to make a copy for the review and filing. When the court approves them and returns the filed, I will make distribution to the parties and DFAS." DFAS is my military pension that the payments will come from.

Maria C. Tebano

Maria C. Tebano

Posted

That doesn't sound at all unusual. However, I am still not sure why the lawyer wants to collect the child support for his client.

Posted

Good day:

While i totally agree with other counsel you are obviously a very intelligent person you are not as best the facts tell an attorney. The expression "he or she has themselves as an attorney has a fool for a client " apply s here.

Now your question I could be totally wrong understanding what your trying to ask but here goes.

In all the areas I practice the court/judges will not sign an order until its signed or initialed as to form and content before or at same time submitted to court.

In addition Stipulated means to me in plain English agreed. I was not in court with you but my guess is you agreed to this temporary order. That being Stipulated Order as opposed to an Order decided by the judge.

Shot in the dark here as I truly don't have all the facts necessary to answer.

BEST ADVICE despite your lack of funds hire an attorney please

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction. IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY MARGOLIS BY MARKING IT SO because Avvo awards the attorney points.

Asker

Posted

Sir thanks for your comment and greatly appreciated it. I will seek counsel to review this STIPULATION because I feel the my wife's attorney is trying to modify the hearing on what the judge granted. In the STIPULATION the lawyer states: Until the order for the income assignment kicks in, me the defendant shall pay plaintiff the dollar amount in child support directly through counsel, I strongly believe the attorney modified that and trying to have me sign first before the his client the wife and the attorney, it is appears the attorney did not review it over with his client. Child Support payments should go to the Agency or Client not thought a third party such as a Attorney or Counsel. I think the lawyer his trying to collect lawyers fees from my wife because my wife lawyer fees that was request for me to pay were denied by the judge, so yes I do have a understanding judge. Now the last note, on the attorney's transmittal letter he wrote down " please review the enclosed for accuracy and content, If you agree (me) please sign and return the documents to him (attorney)" Well I don't agree paying child support payment directly to the counsel. and I talked to numerous child support attorney's and they never heard any like that, the payments are support to go to the agency or wife directly So I expression my objections to the court judge and waiting for the response. So basically the lawyer does not want me to sent support directly the agency or wife until it kicks in it does not sound right.

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