AN ORDER NOT BASED ON STIPLUATION

[chiquito2004]

I got no reply the first time around... let me try again...


           We entered into a stipulation on child support issues last month. It was put on record. My lawyer made a stupid mistake and let the other party give the judge a proposed order that did not reflect our stipulation at all. The judge signed the order. How can I remedy to this? my lousy lawyer sent a letter to judge admitting her mistake and saying that the order he just signed does not reflect our agreement. The other party does not want to stipulate to an amendment because they got what they wanted.... How do I handle? please help me
 

[socrateaser]

If you have a stipulated judgment "signed" by both parents, then you could submit that proposed judgment to the court in a "motion to set aside final judgment and for entry of stipulated judgment," on grounds that the final judgment of the court was submitted by opposing counsel in an attempt to defeat the parties prior stipulation.

That's how I'd handle it. Sounds like either your attorney is negligent, in which case you have a legal action to recover any injury suffered as a result of the negligence, or the other attorney has committed a fraud on the court, in which case you have a lawsuit against that attorney for your injuries.