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Just discovered a perhaps devastating trick. It hits me really

hard if bad. The contempt...
Just discovered a perhaps devastating trick. It hits me really hard if bad. The contempt conviction for my ex for frustration of visitation says that she pleads guilty to one contempt charge for the contempt filed on the 25th sept 2012. It was actually filed on the 26sept2012. I am appalled with the money I spend on attorneys that dont do their job. I even got my file with papers in it from another client. This was my vindication for on pain waiting to see my daughter again and they didnt let me. Should I do anything?
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Answered in 4 minutes by:
5/10/2013
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello again,

On 4/15/2013 at 10:00 AM, I answered this question for you. You never provided a positive rating for my answer, consequently, I was not compensated appropriately.

Please consider rating my previous answer, before you continue with a new inquiry.

Thanks in advance for your kind attention.
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Customer reply replied 4 years ago

sorry, my cc card was full and later it was corrected. I thought you got paid, will check

Okay, thanks.
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Customer reply replied 4 years ago

I amended my contempt on december 7th, filed first on sept26

On this new question, I do not understand your complaint. What is it that you are alleging is defective in this previous contempt action?

Thanks.
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Customer reply replied 4 years ago

The court order in december 2012 speaks of a guilty plea for the contempt filed on Sept 25th 2012.


 


There was no contempt filed on the 25th, I know that a quasi criminal case has to be more precise?


 


There was a contempt filed on Sept 26th.

It's probably just a typographic error. You can notice it to the court, if it is relevant to some new issue, and ask the court to correct the court record "nunc pro tunc" (lat. trans.: "now for then").

Hope this helps.
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Customer reply replied 4 years ago

The contempt order is handwritten and opposing counsel is a tricky b....


 


 


 


Also, opposing counsel waited with filing the FOAH for child support until the appeal time 180 days was over. He was ordered by the judge to write the order. He also offered (and I accepted) to share the transcripts with me (I have that in writing) and then withdrew from that. So now he just files it. Is that actionable?


 


Question: does that change the appeal time? Any other reasons court orders can change 'nunc pro tunc'?


 


 


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?


 


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.


 


Question: Is the calculation after the order adjustable based on 'clerical' error??

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.
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
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socrateaser and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago

I am going to utilize you and no more lawyers. I have a para legal that helps me organize and you have all the answers. Even the para legal knows more then my former attorneys!


 


I want to file another contempt action, I have several. Can I file contempts I left out last time and happened before the last contempt action?


 


I will open up a new question tomorrow on this. She is trying to put me under contempt pressure since Jan 09 but lost all. And she is continuing to hinder my communication and visitation.


 


I think I can contempt step dad because the no contact agreement was filed with the court instead of a restraining order.


 

I want to file another contempt action, I have several. Can I file contempts I left out last time and happened before the last contempt action?

A: Code Civ. Proc. 1218.5(b) provides: "If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred."

So, the answer depends on when the contempt was committed.

Hope this helps.
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Customer reply replied 4 years ago

If I understand correctly, even though I filled several contempts over 2012, I may still file for contempt ones that I haven't filled yet, I.E. are in between those old contempts or before ?

There is no clear answer to your question. A contempt is a quasi-criminal action. Under the criminal law, any charge not made in a particular case can be charged in a subsequent case, as long as the statute of limitations has not been exceeded.

In a civil case, the failure to bring a claim at the time when other claims arising from the same transactions or occurrences, is barred by the doctrine of res judicata. So, it's a "crap shoot." There is no way to know if you could bring a contempt action based upon previously uncharged contempts occurring before the date of the last contempt filing.

Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Family Law Specialists are ready to help you
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socrateaser
socrateaser
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