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Judge's rulings? I filed a motion in Court against my ex-husband

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  • Judge's rulings? I filed a motion in Court against my ex-husband

    I filed a motion in Court against my ex-husband for not complying on certain issues. When the new Judge ruled on an Order, he ruled on something we did not request, overriding our original Matrimonial Settlement Agreement. This new Order changed how we split shared costs. The original MSA stated automobile costs were to be paid between ex-husband & ex-wife, per respective incomes. New Judge ruled costs should now be split 50/50 between ex-husband & ex-wife.

    How and why would new Judge override original MSA?
    On what basis can he change this?

  • #2
    re: Judge's rulings? I filed a motion in Court against my ex-husband

    1. Because he decided it would be more equitable possibly.
    2. The fact that he is the judge.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Judge's rulings? I filed a motion in Court against my ex-husband

      So Judges can arbitrarily change whatever they want, even when that part was not up for discussion?

      Comment


      • #4
        re: Judge's rulings? I filed a motion in Court against my ex-husband

        Yes, it is called judicial discretion. You can appeal his ruling.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Judge's rulings? I filed a motion in Court against my ex-husband

          If the judge is willing, this can be done by conference call. If you and your lawyer think the judge made mistakes that support an appeal, you probably should first ask the trial judge to take another look. This is called making a Motion for Reconsideration or a Motion for Amended Findings or a New Trial. Some states make such a motion a precondition for appeal.

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