My fiance finished going through a divorce at the begining of 2012. Due to non payment of child support as well as failure to refinance a vehicle, we filed a motion for contempt/enforcement. After several hearings the vehicle was refinanced and on the final hearing the judge had us present proof of payment of child support and calculations of amount owed. The judge then took out a calculator and came up with the exact numbers we did down to the penny. It was found that he owed around $1900 in arrearage and around $1100 in past due child support. From there the judge said that these numbers wound be added together to become an arrearage of around $3000 and increase the monthly payment amount. This sounded great until we got the order which said the parties agree the amount owed is $1100. The initial arrearage was left out of this number. We inquired and finally heard back but the judge said the order stands. How could this be? How could the number change like that? We ended up with the judge "writing off" about $2000 of his arrearage. It seems we would have been better off not going to court. Is there anything we can do to fix this without hiring an attorney? We dont have money for an attorney and if we hire one it will likely cost the amount we are trying to get or more.
1 Answer from Attorneys
File a motion to correct the prior order due to scrivener's error and motion to set aside the order, then set the matter for hearing.
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