Possible Errors in new order

[justaquestion89]

What is the name of your state (only U.S. law)? Maryland

I had my hearing for my custody case on May 4th. After the hearing the judge read out the facts of the case can said that he was not going to make a ruling at that time. During the reading of the facts, both parties had to speak up to make corrections due to innocent errors. On the 21st of May I received the custody order with the attached child support order. I am happy with the turn out of the custody order for the most part but there are a few issues that I feel he overlooked when preparing the order.

1. That the other party have their visitation every weekend from starting Friday @3:30 pm and that I have to drop the off and the other party will bring them back on Sunday. I am okay with the every weekend however they live 45 miles away and the children do not get out of school till 3:15-3:30, there is no way I could ever be at the other parties house by 3:30pm. I wouldn�t care but the other party has already called and told me I better be there no later than 3:30 because the order says so.

2. The child support order says at the bottom that I have a pre-existing child support obligation for twins from a prior marriage. I was never married nor do I have Twins.

3. They used my monthly gross income ( I turned in a financial statement) in figuring out child support. They only counted one week of income for the other party (they only turned in one paystub and that was the amount on it for the week) thinking it was a month.

I am trying to avoid drama and issues going down the road. How would I go forward to ask these things be corrected wile not stepping on anyone toes (i.e. judge)?

Thank you in advance.

P.S. We were both representing ourselves.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland

I had my hearing for my custody case on May 4th. After the hearing the judge read out the facts of the case can said that he was not going to make a ruling at that time. During the reading of the facts, both parties had to speak up to make corrections due to innocent errors. On the 21st of May I received the custody order with the attached child support order. I am happy with the turn out of the custody order for the most part but there are a few issues that I feel he overlooked when preparing the order.

1. That the other party have their visitation every weekend from starting Friday @3:30 pm and that I have to drop the off and the other party will bring them back on Sunday. I am okay with the every weekend however they live 45 miles away and the children do not get out of school till 3:15-3:30, there is no way I could ever be at the other parties house by 3:30pm. I wouldn�t care but the other party has already called and told me I better be there no later than 3:30 because the order says so.

2. The child support order says at the bottom that I have a pre-existing child support obligation for twins from a prior marriage. I was never married nor do I have Twins.

3. They used my monthly gross income ( I turned in a financial statement) in figuring out child support. They only counted one week of income for the other party (they only turned in one paystub and that was the amount on it for the week) thinking it was a month.

I am trying to avoid drama and issues going down the road. How would I go forward to ask these things be corrected wile not stepping on anyone toes (i.e. judge)?

Thank you in advance.

P.S. We were both representing ourselves.

Was the evidence regarded school and the rest presented during trial? If so, what you need you to do is file an appeal if you were in front of a judge. If you were in front of a magistrate, you would need to file objections. OR you could attempt to file a motion to clarify based on the mistakes of fact.

 

[justaquestion89]

The was a hearing in front of a judge. All of the evidence regarding school was presented at the hearing along with the financial side of it. i have written a few motions before but how would i go about wording something like this.

 

[Doreen]

The devil is in the details, and folks who are well represented have a far better chance of not having goof ups that can be costly and a real PIA over the long term. Judge likely cut and pasted another order and made a couple of mistakes modifiying it for your case, since the order noted you have twins, which you do not. Preparing drafts of orders for the judge to sign is usually the attorneys job, but knowlegeable pro se's can also handle this.

Nevertheless, if it is less than 10 days since the Entry of Judgment (the date file stamped by the clerk), you better get moving to file a motion to alter or amend, serve your ex, and schedule a hearing asap. Articulate as clearly as you can in your motion the specific issues you have with the current order and in your Prayer state exactly what you want changed. Attach a new proposed order to your motion that is identical to the original, except for the requested modifications, for the judge to sign if he or she is ok with it, or at least redo it with a more clear understanding of exactly what you want.

But DO NOT miss that window of opportunity if it is still open.

Maryland Rules of Civil Procedure
RULE 2-534. MOTION TO ALTER OR AMEND A JUDGMENT--Circuit COURT DECISION
RULE 3-534. MOTION TO ALTER OR AMEND A JUDGMENT--District COURT DECISION

In an action decided by the court, on motion of any party filed within ten days after entry of judgment, the court may open the judgment to receive additional evidence, may amend its findings or its statement of reasons for the decision, may set forth additional findings or reasons, may enter new findings or new reasons, may amend the judgment, or may enter a new judgment.

 

[justaquestion89]

The devil is in the details, and folks who are well represented have a far better chance of not having goof ups that can be costly and a real PIA over the long term. Judge likely cut and pasted another order and made a couple of mistakes modifiying it for your case, since the order noted you have twins, which you do not. Preparing drafts of orders for the judge to sign is usually the attorneys job, but knowlegeable pro se's can also handle this.

Nevertheless, if it is less than 10 days since the Entry of Judgment (the date file stamped by the clerk), you better get moving to file a motion to alter or amend, serve your ex, and schedule a hearing asap. Articulate as clearly as you can in your motion the specific issues you have with the current order and in your Prayer state exactly what you want changed. Attach a new proposed order to your motion that is identical to the original, except for the requested modifications, for the judge to sign if he or she is ok with it, or at least redo it with a more clear understanding of exactly what you want.

But DO NOT miss that window of opportunity if it is still open.

It is still within the 10 days. I just wrote up the motion and will go and file it tomorrow in person to cut out the mail delay. ill also mail out the other half's copies. now does this mean there has to be another hearing or can they just correct the issues? Thanks so much for your help by the way

 

[CJane]

It is still within the 10 days. I just wrote up the motion and will go and file it tomorrow in person to cut out the mail delay. ill also mail out the other half's copies. now does this mean there has to be another hearing or can they just correct the issues? Thanks so much for your help by the way

In my experience, they'll hold another hearing to consider only those facts that are erroneous.

 

[Doreen]

...now does this mean there has to be another hearing or can they just correct the issues? Thanks so much for your help by the way

You need to ask the Clerk how to schedule a hearing on your motion, then promptly do so.