Today I had an interesting question posed to me via email from someone he reached out to me for help. Their question was regarding prove up hearing’s which is where the court sets of hearing when you have filed a default judgment and they want to bring you in to ask questions about your proposed judgment.
Generally speaking, The court will ask you to come in for a prove up hearing if you have questions related to things such as community property division spell support child support or specific requests that go against Court policy.
In this particular question they had gone to a hearing and the court agreed to give the petitioner to community property assets. But when she got the judgment in the mail after it was processed by the court she noticed that the two community property items that the court granted to her now said that they were reserved for later jurisdiction and determination.
So what I advised her to do is to get a copy of the minute order from the court room so she could see if the clerk properly wrote down what the judge ordered. If the minute order does not show the order the judge made i advised her to get a copy of the transcript which is the word for word discussion in the court room where as the minute order is just the highlights and notes.
Once she gets a copy of the minute order and or the transcription we will be able to see if it was the courts mistake or whether the judge made a decision after the hearing to reserve jurisdiction over the issues of community property or if they change their mind.
