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The family court changed child support order without

agreement with both parties....
The family court changed child support order without agreement with both parties. The original court order states a lump amount until the "children" turn 18 or 18 and graduates high school. The correct forms to change the order were not filled out, only the garnishment.
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Answered in 10 minutes by:
9/21/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,859
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 10 months ago
I believe the order was changed (incorrectly) because it was personally walked through by a deputy DA (ex husbands wife) that works at the court. Never agreed to by me or stated in the original court order. Upon taking it to court, the judge was changed to a judge that my ex has worked with for over 20 years. Even though the original court order was changed wrongly, it was upheld I believe unfairly. Is there any recourse?

Thank you for your reply.

The only recourse is you can file a notice of appeal and take an appeal to the appellate division and present the evidence that this order is contrary to the original order and no motions were filed and served on you as required. You would ask the appellate division to vacate the order and reinstate the prior order.

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Customer reply replied 10 months ago
unfortunately, I don't have the money to spend on anymore court actions or attorneys. Is this something that I can do myself?
Customer reply replied 10 months ago
CAN the original order be changed without my agreement?

Thank you for your reply.

the court can change the order, but you would have had to receive notice and you had an opportunity to object. If you received no notice, then you can file a motion to vacate first and show the court you received no notice and no opportunity to be heard and ask the court to vacate the order and schedule a hearing.

You can get the forms from the self help desk to file if you want to represent yourself.

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Customer reply replied 10 months ago
The issue is the order states 'lump amount' due until the children reaches 18. We have two children. Ex assumed it was cut in half when the first reached 18. That's when it was filed. He had it signed by judge at the time without me. I assumed then since it was signed by judge I had no recourse until 3 years later and my ex retired and told me he wasn't going to pay. I went to the court and that's when I learned it was not done correctly the first time. I went to attorney (who did terrible) and first told me it was black and whit and my ex owed me all this back pay. The judge upheld his filing based on the fact that I waited three years to say anything. I don't want to wait to long again. I am more concerned about the fact that I was bullied and they used their positions in the court and law enforcement to push it through rather than following the legal process the rest of us has to follow. Do you believe it's worth appealing or am I fighting 'city hall' and my chances of ever getting justice will happen. I feel there is so much corruption that happen.

Thank you for your reply.

It should not have been cut in half if it said it continues until the CHILDREN (Plural) reach 18. However, if you waited 3 years to challenge it, that could be grounds for the court to not being able to do anything about it. You really did wait too long if it took you 3 years to challenge this issue because that is the statute of limitations to challenge any fraudulent act committed by your ex in getting this done.

You likely would have had it changed had you brought the action before the 3 years expired, but the CA law has a statute of limitations on bringing these actions and if it took you that long and the statute of limitations expired, you would be out of luck I am sorry to say. I am very sorry about that.

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Customer reply replied 10 months ago
there IS a statute of limitations? My attorney never told me that. When I first went to my attorney it was just for help filling out paperwork for actual missed payments and to question what the court told me. She told me it was easy and black and white case. So we proceeded. Now I feel very mislead and it cost me a ton of attorney fees. Should she had known that and advised me?So not only do I feel misinformed by court but my attorney AND the judge.Like I said, it's not so much about the money at this point. It's about bringing to light the fraud done in the court by passing through an order that was never done right or filed correctly. I believe because of them working there and getting it through. Is there some recourse to complain about the wrong doing and law not followed by the court?

Thank you for your reply.

Even fraud has a 3 year limitation. Your attorney was likely hoping it was not outside of that by the time she filed. The only recourse you would have in this case may be to file a complaint with the state supreme court judiciary committee who oversees judges and complain the judge did not follow the law in allowing your ex to sneak this through. That would be the only other recourse you could have.

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Customer reply replied 10 months ago
In your professional opinion, is it worth the time?

Thank you for your reply.

If you want honesty, generally it is not worth the time to file such a complaint.

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Customer reply replied 10 months ago
Thank you so much for your honesty. I wish my attorney would have been that way.Do we have recourse to fight our attorney invoice since she didn't represent us the way we agreed? Or are we stuck just paying her.

Thank you for your reply

Unfortunately, if your attorney presented your case, you will have to pay her.

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Customer reply replied 10 months ago
I really appreciate your assistance. I will write feedback!If your close to Temecula CA I work at Wilson Creek a winery and would be happy to give you two tastings.

Thank you very much.

I do not get out that area very often, but you do not know how much that offer means to me. Thank you so very much.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,859
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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