WHAT TO DO ABOUT FOC MATH?

[antonin]

Okay, yes, I agree that the correct amount is 200.00 and many highly intelligent people support my conclusion. The FOC came with up with 44.00 more per month. The reason they did this is because the completely ignored the "shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount..." I have a copy
Guidelin 16.3 (the software they use)  and I ran the figures using my yearly gross income and came up with the same numbers.

The FOC made no adjustments. I did not catch this error at the hearing. The good thing about the hearing is that the FOC recommended alternating weekly custody and the Court Order was issued last week and I received it. Again, thanks to you.

1) How do I proceed to fix this.? (The 21 days to respond are past and it is now a CO and wage withholding order)

2) Do I file for another Modification for CS? Or is there a procedural path I can take?

[socrateaser]

>1) How do I proceed to fix this.? (The 21 days to respond are
>past and it is now a CO and wage withholding order)
>
>2) Do I file for another Modification for CS? Or is there a
>procedural path I can take?

Well, my first reaction is that you are screwed, because your order is now final and you will now require a material change in circumstances to obtain a modification of the support amount.

However, under some circumstances, a final order can be set aside for fraud, illegality, inadvertance, mistake, and unfair surprise.

Look at your State's Code of Civil Procedure and find the section discussing grounds for vacating (setting aside) a final order/judgment.

We could argue that the FOC and the parties made a mistake in adhering to the court's prior order and therefore, that the order should be set aside in favor of a corrected order.

Failing that, you could sue FOC in civil court for negligence. They have a duty to correctly interpret the order's math, they breached this duty, and but for their failure to correctly calculate the order, you would not be harmed by being forced to pay a higher amount.

Don't really know if that will fly, because you had the ability to rebut the calculation during the pendancy of the action to modify, and you did not, therefore you are comparitively negligent to the exact extent of your loss...but who knows.

[antonin]

Okay. I learned my lesson. Always use an attorney in court appearances for even the smallest thing. Period. I am going to let this one go. (If all your answers to my questions are "NO." As you can see from the following, I can apply for support under the Guidelines (18 months to go now) when the limitations of the 3-year stipulation expire:

"It is further ordered and adjudged that three years after entry of this judgment, either party may seek modification of child support based on the custodial arrangements then in effect and the respective incomes of the parties without regard to the conditions, terms and limitations placed on Defendant's child support obligation amount in effect between entry of this judgment and three years later as set forth above."

At the end of 18 months I will have overpaid about 800.00 if I do not correct the 44.00 a month error. My big reduction as per paragraph above would reduce support my 500.00 a month.  My questions:

1) Will not attempting to fix the error hamper my ability to to seek modification described in quote from decree, above?
2) (Will they argue that I have set a precedent by paying the full amount of the guidelines?)
Will not attempting to fix the error in any way affect my 50/50 shared physical and legal custody now or in the future?

Thanks and good evening.

[socrateaser]

>1) Will not attempting to fix the error hamper my ability to
>to seek modification described in quote from decree, above?

No.

>2) (Will they argue that I have set a precedent by paying the
>full amount of the guidelines?)

No.

>Will not attempting to fix the error in any way affect my
>50/50 shared physical and legal custody now or in the future?

No.