My question involves court procedures for the state of: Michigan
The situation is long and complicated involving what should have been a simple child support recalculation, which normally takes 3-6 months, if there are objections. My ex has managed to drag this out for 20+ months at this point. We had a de novo hearing in July 2017 and the judge verbally stated he intended to implement the FOC recommendation, as written, in the interim between the other party insisting on an evidentiary hearing. I will skip all of the details for brevity, however, my attorney at the time informed me via e-mail on 7/6/17, the week before the videntiary hearing, that she and the other attorney had decided to "put everything on hold for now" and that the hearing the following week was cancelled. I immediately called her to let her know I was not in agreement with that plan. I had also have other e-mails showing I did not want another delay at all. I discovered 20 days later, while viewing the court website, that a consent order had been entered on 7/13. I was not aware of that fact and had never seen a copy of the order before it was filed. The first time I saw it was on 7/27 when I drove to court to get a copy myself.
Is an attorney able to enter into a consent order on my behalf, against my expressly stated wishes and without my knowledge? What steps can be taken to vacate that order? Where can I find legal precendence and/ or case law to support vacating the (non) consent order?
The situation is long and complicated involving what should have been a simple child support recalculation, which normally takes 3-6 months, if there are objections. My ex has managed to drag this out for 20+ months at this point. We had a de novo hearing in July 2017 and the judge verbally stated he intended to implement the FOC recommendation, as written, in the interim between the other party insisting on an evidentiary hearing. I will skip all of the details for brevity, however, my attorney at the time informed me via e-mail on 7/6/17, the week before the videntiary hearing, that she and the other attorney had decided to "put everything on hold for now" and that the hearing the following week was cancelled. I immediately called her to let her know I was not in agreement with that plan. I had also have other e-mails showing I did not want another delay at all. I discovered 20 days later, while viewing the court website, that a consent order had been entered on 7/13. I was not aware of that fact and had never seen a copy of the order before it was filed. The first time I saw it was on 7/27 when I drove to court to get a copy myself.
Is an attorney able to enter into a consent order on my behalf, against my expressly stated wishes and without my knowledge? What steps can be taken to vacate that order? Where can I find legal precendence and/ or case law to support vacating the (non) consent order?
Establishing an Order: Consent Order Entered Without Consent
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