So now he just files it. Is that actionable?
A: Your recourse was to file the FOAH yourself, if opposing counsel failed to do so after 5 days. You could conceivably file for contempt against opposing counsel, for failing to file the order timely. But, I'll bet that the judge's order doesn't provide a deadline, so the attorney can't be found in contempt.
Question: does that change the appeal time? Any other reasons court orders can change 'nunc pro tunc'?
A: By one day, based upon what you've described -- the date in the court file is one day off.
My ex's income statement is very fraudulent, she claims a deduction for business expenses for her home for 20,000 dollars making her gross income 11,000. Its a rental home at 2450 a month, which 1100 sft, and 2 bedrooms for 3 people.And there is 10 more days before she has to supply me with her tax return (she is now desperate to sit down and talk).
Question: If her income and expense for the child support calculation is very fraudulent, is there a way to overturn the order without appeal?
A: If a prior order was made based upon a fraudulent FL-150, then you could move to set aside the order on grounds of fraud (if the order was made within the past year). That would void your support obligation during that period, but the court could enter a new order retroactive to the date of the prior order, and you may still be in arrears and unable to pay.
The judge 'forgot' to deduct my health care insurance for 700, that would have dropped my child support in half. I dont mind paying the honest amount, because I should have it.
A: If the court made an error, then your recourse was to appeal or seek reconsideration at the time that the order was originally made. It's too late to complain about that now. However, if the judgment is set aside based upon fraud, then you could raise the health care issue again, because it will not have been ruled on by the court -- given the voided order.
Question: Is the calculation after the order adjustable based on 'clerical' error??
A: A true math error could be corrected nunc pro tunc as a clerical error. An error of the judge forgetting to make a particular calculation is not a math error. It's a legal error and the time to appeal has passed. Your recourse would only be available, if you are able to set aside the prior order based upon fraud.
Hope this helps.