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Refferal from Magistrate

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Gracie3787

Senior Member
recieved letter today from magistrate. She declined making any changes to her decision even showing proof of her error on my net income which would change the % of responsibility, objecting to deviating from guidlenes work sheet because nothing was filled and a copy of my petition requesting her still pay $20 a week in arrears by last court order. Now mother is over $7,000 behind after retro active amount which she suprisingly input to the modification. Which my daughter will never see it because her mother lets her mother claim her 2 other children on income taxes due to her and her husband not paying child support. The magistrate made no response to the Interrgatories or the fact she has 2 roomates.

You really need to get a consult with an attorney in the next few days. This order is so wrong, and I know there's alot of basis for an appeal, but appeals are very costly and should never be done pro-se. So, talk to an attorney to see what your most positive option will be. I hope it gets worked out, I have seen this so many times when the court will let a mother get away with all kinds of nonsense.
 


syskjw

Member
Yeah I've seen it since 2002. But I was even told in one of her contempt hearings well it was directed to her from the judge "If a man was sitting there I would be harder or even much more harder on him". And it it to late now to file anymore on it because the Magistrate ordered it on 10-10. I would have to refile for modification and start over again. But you can only file for modification every 3 years unless significant change and both our statuses are the same. I mainly wished they would have inforced her to answer the Interrogatories because on of the added questions was about her income tax filling and the judge would of been aware of her roomates. Well the system sucks but it will eventually bite the mother in the ***. Karma will catch up to yeah sometime in your life.
 

Zigner

Senior Member, Non-Attorney
Yeah I've seen it since 2002. But I was even told in one of her contempt hearings well it was directed to her from the judge "If a man was sitting there I would be harder or even much more harder on him". And it it to late now to file anymore on it because the Magistrate ordered it on 10-10. I would have to refile for modification and start over again. But you can only file for modification every 3 years unless significant change and both our statuses are the same. I mainly wished they would have inforced her to answer the Interrogatories because on of the added questions was about her income tax filling and the judge would of been aware of her roomates. Well the system sucks but it will eventually bite the mother in the ***. Karma will catch up to yeah sometime in your life.

This is perfect example of why an attorney can sometimes pay off in the long run.
 

Gracie3787

Senior Member
Yeah I've seen it since 2002. But I was even told in one of her contempt hearings well it was directed to her from the judge "If a man was sitting there I would be harder or even much more harder on him". And it it to late now to file anymore on it because the Magistrate ordered it on 10-10. I would have to refile for modification and start over again. But you can only file for modification every 3 years unless significant change and both our statuses are the same. I mainly wished they would have inforced her to answer the Interrogatories because on of the added questions was about her income tax filling and the judge would of been aware of her roomates. Well the system sucks but it will eventually bite the mother in the ***. Karma will catch up to yeah sometime in your life.

It doesn't matter what date the magistrate signed, what matters is the date the Judge signed. (this is if it is done the way Orange and Highlands counties do).
 

syskjw

Member
For some reason they did not have a attorney present for the refferal to the magistrate. I haven't recieved confirmation that a judge signed it. I just recieved the magistrates recommendation and the letter today but both documents stated the child support amount effective 11-1-07. Will I recieve a letter from the judge or child support enforcemnet? This case is with Orange County.
 
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