preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Yes, you can certainly call the court clerk to inquire as to what constitutes "reasonable". And that's exactly how I would phrase it. "I hate to have to bother you for this but, I am unclear as to wording of something and am hoping you can clarify it as it appears to be standard language. I am planning on moving (my ex knows and consents) and our order says I must notify the court in a 'reasonable' timeframe. Can you clarify what constitutes a 'reasonable' timeframe and ALSO what exactly do I need to do as part of that notification?"
If the person can't help you, ask them if they can refer you to someone else/another department that might be able to. Be sweet as sugar, and sound lost as a box of rocks.
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The best we can do is live our lives with enlightened improvisation.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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A clerk cannot provide legal advise and cannot tell a person what "reasonable" means. It is an ambiguous term that can only be defined by existing statutes or case law in the state where it is entered. A lawyer should be consulted and, more to the point, more specific language should have been included in the decree.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Well, where I was, absolutely clerks had a strong understanding of the legal documents they were processing. The ONLY reason my divorce papers ended up being accepted WAS from the information provided by NOT lawyers but by CLERKS. THEY saw the language, day in and day out and it was THEM that worked through how to properly word what "self support reserve" meant so that it would be accepted, LEGALLY, by the court.
My current CS wording is absolutely 100% in violation of state stattute. Written BY a lawyer, allocuted to in front of ANOTHER lawyer and signed off on by a JUDGE (who before dealing with visitation was strictly a CS judge). I can walk into court tomorrow and demand full child support because the current legal wording of mine violates state statute in every way, shape and form. It doesn't provide pro-rata shares, it doesn't establish a presumptive child support amount, it doesn't specify there has BEEN a waiver and if one were specified there would need to be proper wording. I guarantee had such a document been passed through a CLERK? And NOT just gone from lawyer to judge and filed? It would NEVER have been signed off on.
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The best we can do is live our lives with enlightened improvisation.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Nonetheless, clerk's are not allowed to give legal advice. Whether they do does not change that fact. I am happy it worked out for you, but I have encountered far too many instances where a person has listened to what a clerk said, intended as advice or not, and found themselves in a very difficult situation.
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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Yes, my divorce would never have been done had it not been for the clerks, lol. I don't think they're much different than nurses. The reality is, the nurses see more, are more hands-on, and more well-versed than the docs. The docs just happen to have the fancy schmancy piece of paper that declares them an "expert" at what they do. I have found more doctors make mistakes than nurses. I have found more doctors to misdiagnose and for a nurse to be more dead on. Basically the "you ain't all that nor the bag of chips" type deal.
Sorry I'm just not that big on the "you have to have a piece of paper to deem you worthy" nonsense. Nothing personal against you, just a general feeling I have towards those "supposedly" better educated/more talented/should know better. If it makes you feel better, I'm equally unimpressed with sports stars and celebrities in terms of their being REMOTELY worth what they get paid. Total insanity in my opinion and money that would be much better utilized in building shelters, providing food, and other such humanitarian/worthwhile endeavors.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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I am sure that view will be very comforting when you have your nurse perform surgery.
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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Well, I wouldn't take the comparison QUITE that far  But compare clerks to lawyers. A clerk CAN represent themselves pro se, just like ANY other person. And, in Family Court, there is a high likelihood of pro se representation. No offense, trust me, I like lawyers, i'd love to be one BUT, the reality is? A fair number are NOT much better versed than those they supposedly represent. And yeah, you'd be just as well off hiring a court clerk.. or doing it yourself.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20167
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"Well, I wouldn't take the comparison QUITE that far But compare clerks to lawyers. A clerk CAN represent themselves pro se, just like ANY other person. And, in Family Court, there is a high likelihood of pro se representation. No offense, trust me, I like lawyers, i'd love to be one BUT, the reality is? A fair number are NOT much better versed than those they supposedly represent. And yeah, you'd be just as well off hiring a court clerk.. or doing it yourself. "
Must be a NY thing lol.
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zoolife31
member
Reged: 06/10/09
Posts: 128
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Just an update, turns out it was 30 days. Which he was given plenty more notice than that.
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