can anyone answer this legal question?

[grasswire]

My relative is caught up in a bitter custody-divorce issue. He has to comply with an order issued by the family court as the result of a hearing. But we are unclear about what the actual deadline for compliance is. He has no lawyer.

If he's ordered to do something within 30 days, does that mean 30 days from the day of the hearing, or 30 days from the date the clerk stamped on the order (which is three days after the hearing)?

Any advice is greatly appreciated.

[The Velveteen Ocelot]

1. You would need to check the specific rules of that court,

but usually the time begins to run when the judgment or order is entered. Don't rely on free advice on an internet message board, though -- call the clerk of court and ask to be sure.

[Godhumor]

2. What he said

Ge the answer directly from the horse's mouth, anything else is just heresay.

[grasswire]

4. entered is the same as "date stamped" by the clerk?

I realize that this is message board info, but I'm looking for even a hint, as we've realized that Monday may be the deadline if it is 30 days from hearing rather than 30 days from date stamp (which would give him several additional days). He won't be able to call the court 'til Monday.

[TreasonousBastard]

8. So, for about 28 days he sat on this 30 day...

requirement?

He'd better do whatever it is on Monday, or at the very least ask the court clerk.

[grasswire]

11. you know, assigning motive to someone...

...who is struggling is risky from a distance.

[TreasonousBastard]

15. You're right, but so is waiting until...

the last minute to get advice on these here interwebs.

Could be lots of good reasons why the delay, but the simple fact is that at this point he better get moving.

[Lil Missy]

3. I would not rely on any advice from DU.

Opinions here are like assholes. Everyone has one.

Tell him to ask his lawyer.

[grasswire]

5. well, he doesn't have a lawyer...

....and I'm just looking for opinion at this point, as he can't call the court until Monday and Monday might be the deadline, it turns out.

[Deep13]

7. Sorry to hear it. Don't rely on informal advice.

I would interpret the order to mean "right now."

[khashka]

6. Go to the court and ask

Depends on the judge and other stuff. It's a hassle but at least you'll get the correct answer.

You could ask huskerlaw as a lawyer she's up on these things. But I bet she'd tell you the same thing the rest of us have.


Khash.

[philosophie_en_rose]

9. The safest advice is to comply now.

Timing is something that you don't want to mess with and it's safest to go with the date the judge signed the order. He should call a legal advice line or a law school clinic, if he needs to get an extension to comply.

What is he ordered to do?

[grasswire]

10. pay a huge amount of money

he was out of work and it will be very difficult to comply.

[philosophie_en_rose]

12. Ah.

Well, if he can't pay, he should try to make arrangements. I can't give legal advice (and you shouldn't take online legal advice anyway). However, he should look into perhaps asking the court for an extension.

[msanthrope]

13. He should get a lawyer. If he can't afford one, he could ask the

clerk of the court if there is a legal aid/law student program available to help family court participants. You could also call surrounding law schools directly and see if they have a clinic/public interest program.

On Monday, he should call the local clerk of the court (from whatever county this order issued) and ask about the deadline. Local rules, or state statute might give you a clue but there is no substitute for legal representation....it could be date of the order, date of the entry of the order, or date he was served with the paperwork.

And a bit of advice. Someone who waits until day 28-plus on a 30 day order? Wouldn't take him as a client....nor should you get too involved in this matter, emotionally or financially.

[grasswire]

14. once again....

...assigning motive from a distance to someone who is struggling is an iffy proposition. May you never be in a similar situation. Bitter custody-divorce disputes must the worst kind of legal action to navigate. One or both parties are out for revenge. In this case, it's not my relative twisting the knife, but his ex, who is the worst kind of authoritarian narcissist.