We settled out of court by compromising and putting together our own consent order. Everything went pretty well. It was presented to the judge and the judge signed it. It basically just enforced certain issues and made an $18 increase to child support that went effective once the judge accepted it.
I just received after all was said and done and the judge signed the consent order and additional "civil action order" that is supposed to update child support. However, for the other party it has incorrect attorney information and it adds on amounts in an additional line that it states was mentioned in the order (none were mentioned in addition). This civil action order includes the increase in support then has the incorrect attorney information and also added on $1,500 in extra costs to be applied. None of which was consented to in the order but this civil action order was sent to myself and I'm assuming child support.
Where exactly do I start? Probation department to tell them the civil action doesn't represent the consent order? Do I seriously have to go to court just to tell the judge there is an error in paperwork?
They also have my daughters birthdate wrong.
Yes, you may have to if Probation does not correct the error (I am assuming they generated the "civil action order"). Try to get them to fix it first and I think both of you need to contact them & say it is wrong. If they do not help, go back to the Judge that signed your consent order to see if they can correct it.
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I think what you are referring to is the USO or Uniform Support Order which the court has to complete based upon the information in the consent order you submitted. Probation will not be able to help modify the order. The judge will need to do it. You can start by calling chambers and speaking with the law clerk and then follow that up with a letter or email confirming what you need done. That should work. If not, a motion will need to be filed.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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