My divorce trial happened last March. It took two days and one of the issues was child support. I understand everyone is busy right now and my lawyer keeps telling me to wait when I ask about getting the decision. I don’t know what is reasonable at this point. I do know that the child support guidelines changed in October and I’m worried that our order will be wrong.
At the time of our trial, I was still home with our son, but he started kindergarten in September and I’ve since gotten a job. He attends extended day afterschool and I pay for it — my ex refuses to contribute because there is no order requiring contribution. I also just learned that he changed jobs and rumor has it is earning a lot more. My lawyer doesn’t want to do anything until we get a judgment. But, if we know the judgment is going to be wrong, I can’t understand why it makes sense to wait.
What do you suggest and how long is reasonable to wait for a decision?
Right now, there is no hard and fast rule about how long you might wait for a decision. There are time standards and suggested guidelines but even pre-pandemic, depending on the judge’s case load, some judges were backed up as much as a year in rendering decisions. Most two-day trials should get judgments within six months so it almost feels like any day now for you. But, in this post-pandemic world, there is no real way of knowing. If you insist your lawyer formally inquire, there is always a fear of negative consequences.
I do think you should push for a motion to modify the existing temporary order of child support. If you do, both sides will need to submit updated financial statements as well as new child support guidelines worksheet, assuming you can get a hearing. Of course, it is equally possible that if the judge sees you are scheduled for a motion hearing they will issue a judgment rendering your motion moot.
Because the judge can only issue a judgment based on the evidence presented at trial, you are correct in that the judgment will likely be wrong when compared to current child support guidelines. If you receive a judgment that is no longer accurate under the new guidelines, file an immediate modification of child support and ask for a temporary order hearing to adjust the support to the correct level.
To answer the why wait piece of your question — I do not know who your judge is but I can tell you some of the judges have moved counties since March. It may be that your judge is now sitting in another county and your lawyer does not know how to navigate getting something heard out of county and/or is worried a replacement judge will refuse to hear the case. While that may sound silly to you, to us lawyers it can be a difficult path to navigate.
Email questions to whickey@brickjones.com.
"wait" - Google News
November 28, 2021 at 12:25PM
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Still waiting for child support decision - Boston Herald
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