mad3
06-06-2006, 12:14 PM
I recently went to court for what should have been a Re: Modification
as one of my children had moved in with me back in December 3,2005
However, the opposing attorney had just signed the judgment as to form and content on 11-22-05. That attorney then submitted to the court sometime thereafter and the Judgment didn't get signed by the Judge until 12-9-05.
Needless to mention, the trial took place way back on 7-13-05, yet it took three attempts to get a signature from the opposing counsel. The last attempt was sent via CRC 232 Ten day notice which is what compelled the signature.
I filed for papers for an OSC re: Modification on 12-16-05 due to the change with the daughter and a few other circumstances.
My case barely went to court on 5-30-06 due to two continuances by the other side. Finally when we went to Court the judge threw out my OSC stating I accepted the terms related to finances for support due to the fact my daughter had moved in with me on 12-3-05 and the Judgment wasn't signed by the judge until 12-9-05. The judge cited that by the daughter moving in with me before the judgment was stamped by the court I essentially was accepting the terms in the judgment as to the support being relative to the current circumstances. He cited the "Merger Doctrine" as the reason he was throwing it out.
What recourse do I have, if any. I am concerned as I now have 58% custody of three children and based on this ruling from the judge I am stil paying $1080 per month. The new X-spouse printout would have me receiving $83 per month instead of paying had the judge not thrown out the OSC. Should I file a new OSC re: Modification or would I be better suited to file a Motion for reconsideration or appeal...
Attorney's who have dealt with this Merger doctrine...PLEASE ADVISE...I am gettting screwed and yet I have the kids. Three children involved...I have one 90%, another 43%, another 43%.
Sleepless divorce in California...
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as one of my children had moved in with me back in December 3,2005
However, the opposing attorney had just signed the judgment as to form and content on 11-22-05. That attorney then submitted to the court sometime thereafter and the Judgment didn't get signed by the Judge until 12-9-05.
Needless to mention, the trial took place way back on 7-13-05, yet it took three attempts to get a signature from the opposing counsel. The last attempt was sent via CRC 232 Ten day notice which is what compelled the signature.
I filed for papers for an OSC re: Modification on 12-16-05 due to the change with the daughter and a few other circumstances.
My case barely went to court on 5-30-06 due to two continuances by the other side. Finally when we went to Court the judge threw out my OSC stating I accepted the terms related to finances for support due to the fact my daughter had moved in with me on 12-3-05 and the Judgment wasn't signed by the judge until 12-9-05. The judge cited that by the daughter moving in with me before the judgment was stamped by the court I essentially was accepting the terms in the judgment as to the support being relative to the current circumstances. He cited the "Merger Doctrine" as the reason he was throwing it out.
What recourse do I have, if any. I am concerned as I now have 58% custody of three children and based on this ruling from the judge I am stil paying $1080 per month. The new X-spouse printout would have me receiving $83 per month instead of paying had the judge not thrown out the OSC. Should I file a new OSC re: Modification or would I be better suited to file a Motion for reconsideration or appeal...
Attorney's who have dealt with this Merger doctrine...PLEASE ADVISE...I am gettting screwed and yet I have the kids. Three children involved...I have one 90%, another 43%, another 43%.
Sleepless divorce in California...
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