Serious Answers With eXPERIENCE IN THIS ISSUE?

Question

I have been trying to modify my child support order for three months now. Initially when I reopened my case i did so because according to how they were garnishing my wages they stated that i owed 22,000.00 dollars. I then madeseveral trips to the courthouse and paid a 50.00 fee to reopen my case. since then they have done nothing but mismanaged my case. they lost my file mind you my x has our children one of which i had solely by my self for 4/12 years and never filed for child support. Also i had to fax proff of my administrative fee being paid in full(50.00) because it was never "docketed as paid" which i faxed proff today. These people in this circuit that run the courthouse correspondance for the family law division are so under qualified and incompetant. . After my printout for childsupport was handed to me it showed 8000.00 in owed inall. who can i file a grievence to? OVER THE JUDGE.I have since lost my job and became homeless because of the overgarnishing they have been doing

o but is the 50.00 fee is a BIG deal because without it being paid the judge wouldnt set a hearing ..3 months later I HAD to fax proof but they already garnished so much money,that im already screwed.now i have no income! so had they noted my case file i may have had a hearing sometime since september!! BIG BIG DEAL

Answer 1

Can I please ask how someone is supposed to hire a lawyer when all of your money has been taken.
Also my husband hired a lawyer who did nothing and after 15K he had to fire him and represent himself.

He finally got a judgement but in Canada the custodial parent can go back to court and have that overturned at any time.
So you pay every penny you can to get a judgement and that is worthless. And you pay every penny you owe in child support despite only seeing your children when your ex feels like it and then everything gets re-done and you are so far in the hole there is no way to get out.
So why pay a lawyer when another judge is going to come along later and nullify everything you accomplished.

Answer 2

Well, every state bar has a judicial conduct commission. Google it for the state you live in. Most of them have complaint forms online.

However, they get into judicial conduct when it abrogates the code of judicial conduct. Rarely do complaints about the results of cases have to do with judicial conduct, and they generally refuse to entertain complaints such as yours.

However, you probably need to see an employment law attorney. It is against the law for an employment action to be taken against you due to garnishment for child support. If that is really the reason you were fired, the attorney will salivate.

Then have the attorney file a motion in your divorce case to account for the paid child support. You'll need an expert to testify (such as a CPA) that based on the Court's own records, you only owe $8,000. The Court cannot deny its own records and will adjust accordingly.

** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

I feel for you and the system needs to be overhauled thats for sure. In Missouri the state auditors office audited the division of family services on back support and found over 34% or the orders to be in error, either through a computer glitch or human error. I dont know in your state but in MO they have a statute when you can formally request and audit of your account to ensure its accurate.

As far as doing this yourself, since you cant afford a lawyer, is to Google your state statutes and course rules and find out what documents/motions you need to file and what you need to take with you. If your unemployed you obviously have some free time. The net is a powerful resource to have. Use it the best you can, like you have done here.

Answer 4

Sounds like you live in Caifornia. I went through something similar. You just have to keep fighting through the court. It takes FOREVER to get it right even using a lawyer. For whatever reason, the court heavily favors the person on the receiving end; even when the order is completely wrong.
Wish you well.

Answer 5

You are better off getting an attorney and letting him or her file the appeal, at this point you're in over your head. Sorry, but it's true, this is a minefield and most laymen can't stand a chance in family court without representation.

Answer 6

I suggest that you hire an attorney. You should never try to modify child support without one. YOU bear the burden of proof, as the obligor. It is YOUR responsibility to keep track of EVERYTHING. As for proof of a filing fee, that's no big deal and you need to cool off about it. Go hire an attorney and get a job.