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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110574
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I went to court today for my xs motion for child support.

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I went to court today for my x's motion for child support. My x's attorney emailed at the end of business yesterday a doc titled memorandum on my child support that was filed yesterday- it was 43 pages and not with accurate information ie. a disclosure statement from April as exhibit when the attny was in receipt of a 13.3.1 from July that was most accurate. I requested time to object and stated that I just received no time to review and that the doc had inaccuracies. The Judge continued to say that what they presented was from the hearing in August but failed to see the date of April on their presented disclosure statement and did not ask to my tax returns nor my evidence of current change of circumstance now unemployed so now the Uniform Order for Support has my net income that is not true and can be proven otherwise. I stated to the Judge the inaccurate info but he would not listen nor would look at my evidence. How do I proceed?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did the judge issue a ruling on the case yet?
Customer: replied 2 years ago.

Thanks and yes the judge agreed to their motion for child support which is i uniform order for support but I was not given a receipt. When I looked it over I saw the net income was wrong which I said prior to the Judge. He did not ask for my taxes nor my current circumstance of job which I was prepared to present as evidence and asked if I could present.

Thank you for your response.

You have to consider filing a motion to reconsider within 10 days of the ruling including your new evidence the judge failed to consider in the first hearing and you would file that together with a notice of appeal. You then would prepare to file an appeal within 30 days of the ruling, because courts many times will not grant a motion to reconsider.

You also really should engage a local attorney at this point, because when things are not going well for a pro se it can be extremely beneficial to their case to bring in an attorney to turn things around.

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Customer: replied 2 years ago.

thanks do you think if I just do a petition to modify would be a simpler way?

Thank you for your response.

You cannot do a motion to modify this soon after the judgment I am afraid.
Customer: replied 2 years ago.

thanks and I process this information I apologize. I failed to mention that in court OC gave me a doc that was filed today a petition to order me to seek employment...does this then change anything albeit it still stands that that the amount for net income on the uniform order is incorrect?

Thank you for your response.

No, you need to still file as I said. Of course, they are going to order you to seek gainful employment I am afraid, so you need to object to their petition and attach proof you have been seeking employment and where or proof that you are physically unable to seek employment.
Customer: replied 2 years ago.

To object is meaning to respond to their petition with the proof I have seeking employment in my response?

Yes, that is correct.

You file an "Objection" in writing to their petition with the reasons why you object and attach your proof. You file the original with the clerk of court and send the other party a copy with proof of service.
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