Court rejected stipulation to end spousal support

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Court rejected stipulation to end spousal support

Unread postby EricnTexas » Sat Feb 04, 2017 4:49 pm

Brief background, divorced in California 2006. She's still there, I'm in Texas. As noted in an earlier post, ex and I agreed to end spousal support. http://forum.mensdivorce.com/viewtopic.php?f=5&t=69311 . We wrote up a stipulation, had it notarized and sent it to the court to make everything legal. However, it was rejected. Letter from court says, "Petitioner and Respondent both have attorney's of record and can not file as pro per. Your attorney's must file the appropriate documents to restore your filing status back to pro per.

We were hoping to avoid attorneys. So I have several questions. First, (and forgive me if these are really dumb questions), are there legal ramifications if I just end spousal support since my ex is agreeable? Or would it be safer to have an attorney take care of this. Second, my attorney is now retired. Could I use a Texas attorney or do I need one from California?

Thanks!
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Re: Court rejected stipulation to end spousal support

Unread postby BartSimpson » Sat Feb 04, 2017 5:15 pm

You need to file with the Court for withdrawal of attorney.

This is a procedural issue that is easily resolved.
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Re: Court rejected stipulation to end spousal support

Unread postby Tom Kirkpatrick » Sat Feb 04, 2017 5:26 pm

EricnTexas wrote:We wrote up a stipulation, had it notarized and sent it to the court to make everything legal. However, it was rejected.
This was nearly two years ago. What have you done since??

EricnTexas wrote:"Petitioner and Respondent both have attorney's of record and can not file as pro per. Your attorney's must file the appropriate documents to restore your filing status back to pro per.
The judge has given you a legal remedy from the bench; most unusual. All you hafta do is call your attorney.

EricnTexas wrote:.....ex was awarded alimony until the court decides otherwise.....
^^^ This order still stands, correct??

EricnTexas wrote:Could I use a Texas attorney or do I need one from California?
Since California has jurisdiction, you need a California attorney.

Tom
Last edited by Tom Kirkpatrick on Fri Feb 24, 2017 7:31 pm, edited 1 time in total.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Sat Feb 04, 2017 5:37 pm

We agreed to wait until she was drawing Social Security before filing the stipulation. I'll do some research for an attorney in Alameda County. Hopefully this can get resolved soon.

Thanks for the information.
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Re: Court rejected stipulation to end spousal support

Unread postby BartSimpson » Sat Feb 04, 2017 5:52 pm

Sir? You don't need an attorney, you need to notify the Court you no longer have one. If your attorney from the divorce is available, ask for a Notice to Withdraw be filed with the Court.

Same for you ex wife. She needs to ask her attorney to withdraw as well.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Sat Feb 04, 2017 6:16 pm

I'll have to dig around my paperwork because I know my attorney sent me a withdrawal of attorney letter. I also checked the court's website for my case, and Notice of Withdrawal of Attorney of Record is recorded under Register of Action. There are two of these notices, so it's clear both attorneys sent these to the court. This is making the letter I received today even more odd.
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Re: Court rejected stipulation to end spousal support

Unread postby Tom Kirkpatrick » Sat Feb 04, 2017 7:09 pm

EricnTexas wrote:I know my attorney sent me a withdrawal of attorney letter.
This should be in your case file. Contact the court clerk's office.

EricnTexas wrote:We wrote up a stipulation, had it notarized and sent it to the court to make everything legal……We agreed to wait until she was drawing Social Security before filing the stipulation.
This part isn't clear. Was she drawing Social Security when you filed for modification two years ago?? Or are you still waiting for her to draw Social Security before you file??

At what age does she intend to draw Social Security??.....62??.....67??.....70??

Tom
Last edited by Tom Kirkpatrick on Sat Feb 04, 2017 7:18 pm, edited 1 time in total.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Sat Feb 04, 2017 7:16 pm

I just found the letter and sent a text to my ex to do the same. Thanks!
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Re: Court rejected stipulation to end spousal support

Unread postby Thoughts? » Sat Feb 04, 2017 9:02 pm

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.
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Re: Court rejected stipulation to end spousal support

Unread postby EricnTexas » Sun Feb 05, 2017 1:12 pm

EricnTexas wrote:We wrote up a stipulation, had it notarized and sent it to the court to make everything legal……We agreed to wait until she was drawing Social Security before filing the stipulation.
This part isn't clear. Was she drawing Social Security when you filed for modification two years ago?? Or are you still waiting for her to draw Social Security before you file??

At what age does she intend to draw Social Security??.....62??.....67??.....70??

Tom[/quote]

She started drawing Social Security in December. That was the major reason I waited to file.
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