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What do I do when the judge doesn't even adhere to his own…

What do I do...

What do I do when the judge doesn't even adhere to his own decisions on my child support case and the father has gotten by for 20 years

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Cleveland Ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes went to court eight months ago and now this same judge has given a modification on a support case that hasn't even been 8 months and the support has never been paid correct if he pays at all

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I went as far as writing to the courts which was the only way I got back into court because the judge was pissed

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Customer reply replied 2 months ago
This is also the same judge since the child was a infant and this has been going on for over 20 years now that he's grown up they don't care but it never should have went this long
Customer reply replied 2 months ago
But he said he never wants another letter from me but it seems like that is my only help
Answered in 48 minutes by:
11/21/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,698
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the judge is not enforcing their own orders, you have the option to file a petition for writ of mandamus in the appeals court and explain what the judge is not doing that they are required to do by law and ask the appeals court to order the judge to enforce their orders.

The alternative would be to go to the media with proof of the rulings and how the judge is refusing to enforce them and let the media bring this matter public to let everyone know how child support is not being provided to parents in need of that support to care for their children.

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Customer reply replied 2 months ago
I tried the media no response and child support nor I was notified of any court proceedings I need to know more about writ of mandamus

Thank you for your reply.

Here is a sample Petition for Writ of Mandamus http://moritzlaw.osu.edu/electionlaw/litigation/documents/Colvin-Petition-9-12-08.pdf it is for format only.

The writ of mandamus is asking the higher court which oversees this judge and it ask them to supervise him and order him to do his job correctly. If he refuses and issues orders you dispute, you can also file an appeal to the court of appeals and ask them to make a ruling.

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: 121,698
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 2 months ago
Is it a charge to file and where do I go to file also thanks so much for all of your help,
Customer reply replied 2 months ago
Can I file both petition and writ to mandamus

Thank you for your reply.

You could file a complaint to the state supreme court judicial oversight committee for him not doing his job.

The petition is asking for the writ to be issued, it is just another name for the same request.

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Customer reply replied 2 months ago
I can do this by going to my county court house

Thank you for your reply.

You have to file the petition for writ of mandamus with the next higher court, which would I am presuming (as I do not have all the details about your case) would be the Court of Appeals. That is where you would file it.

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Customer reply replied 2 months ago
OK thanks soooo much I will.

Thank you for your reply.

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Law Educator, Esq.
Law Educator, Esq.
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