Court rejected stipulation to end spousal support

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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Sun Feb 05, 2017 1:19 pm

Thoughts? wrote:Sent it to the court? That opens yourself to possible mis-interpretations. Have never appeared in a CA court, but in TX one party usually shows up at an uncontested docket, like it might be at a set time like 2pm Wednesdays, you're sworn in, present the stipulated order signed by both of you, and you're done. In your case, the judge would have asked about representation status, at which time you should have produced the notice-of-withdrawal letters with the court-clerk's stamp indicating they were filed with the court at the time.


Excellent suggestions. The court has a Family Law Facilitator who looks like the next step. I'll make a phone call. Also the ex may be willing to make an appointment since she only lives a few miles from the courthouse.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Fri Feb 24, 2017 4:30 pm

Of course nothing's easy. I now was told to file a California State form MC-050, Substitution of Attorney, (ex was told the same), so we can represent ourselves. This seems rather odd considering both attorneys filed withdrawal letters in 2006. But, the problem is my attorney has retired. I figure by the time I'm no longer on hold to the Family Law Facilitator at the court I'll have some excellent suggestions from here.
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Re: Court rejected stipulation to end spousal support

Unread postby hopeful dad » Sun Feb 26, 2017 2:54 pm

Interesting situation. MC-050 is easy to fill up. The problem here is, the attorney who represented you is no longer active to sign the substitution. Correct?

Unless anyone here has better ideas, You might want to contact court clerk and explain your situation. They may be able to advice on the process and rules of the court. If that doesn't work, you may want to consider posting your situation on legal sites such as avvo, where you may get a response from attorneys who actively responds to the questions.

Also, is there anyone who took over all the cases from the attorney who retired. He may be able to help you as well.

Good luck!
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Re: Court rejected stipulation to end spousal support

Unread postby Outis » Sun Feb 26, 2017 3:04 pm

There's no need to have MC-050 signed by former counsel.
What am I to do with all this silence
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Re: Court rejected stipulation to end spousal support

Unread postby Minerva » Tue Feb 28, 2017 11:56 am

Serious question, why would she agree to stop it early?

Should we fill out her application for sainthood?
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Tue Feb 28, 2017 5:48 pm

Outis wrote:There's no need to have MC-050 signed by former counsel.


I just left a message with the court Family Law Facilitator for clarification. Thanks.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Tue Feb 28, 2017 5:54 pm

Minerva wrote:Serious question, why would she agree to stop it early?

Should we fill out her application for sainthood?


Let's just say it's a combination of her realizing the implication of the Gavron Warning plus some long overdue guilt for the way she behaved during the divorce. She also claims her financial situation is such she can get by without the spousal support. My hope is she continues feeling this way. If she gets cold feet, I've gathered some pretty strong evidence in my favor.
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Re: Court rejected stipulation to end spousal support

Unread postby hopeful dad » Tue Feb 28, 2017 11:02 pm

I am sure mine is no lady Macbeth!
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Re: Court rejected stipulation to end spousal support

Unread postby Minerva » Wed Mar 01, 2017 12:01 pm

EricnTexas wrote:
Minerva wrote:Serious question, why would she agree to stop it early?

Should we fill out her application for sainthood?


Let's just say it's a combination of her realizing the implication of the Gavron Warning plus some long overdue guilt for the way she behaved during the divorce. She also claims her financial situation is such she can get by without the spousal support. My hope is she continues feeling this way. If she gets cold feet, I've gathered some pretty strong evidence in my favor.


She sounds like a keeper ;) The greatest irony of all.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Wed Mar 01, 2017 9:01 pm

I finally contacted the Family Law Facilitator and was told in CA at least, if your attorney is listed as Inactive on the State Bar website, to copy and print your attorney's page, then attach it to the MC-050. Next step is if the Court Clerk agrees.
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