Order quesiton

[KimK]

Dear Soc,

Brief history - BF lost job in 97, he and his attorney filed immediate petition to modify CS based on job loss.  Court took 3.5 years to render support obligation, Motion To Set Hearing On All Pending Motions filed by both attorny's - 7 court appearances by the party's but no order for 3.5 years.  Court ordered 1,000 paid toward CS in 7 days and modified the support order to include an amount on top of basic obligation to go towards the arrears until arrears paid.  Order followed faithfully for 4 years, always paying cash to office every Friday, until May 2004 when prosecutores office froze all assets and forced a sale of retirement account for the arrears.  We are in IN.

Question-

How can the Prosecutor's office overturn a long standing court order that had been followed to a T for 4 years without any hearing to modify the existing order?

Thanks in advance.

[socrateaser]

>How can the Prosecutor's office overturn a long standing court
>order that had been followed to a T for 4 years without any
>hearing to modify the existing order?

A support order may be retroactively modified to the date of the original filing of the motion or Order to Show Cause to modify. If the original mod request was 3.5 years ago, then the court can (and usually will) go back that far.

If you had any reasonable expectation that your support would be raised during all of the 3.5 years, you should have either saved that money in anticipation of the day when the new order would be entered, or you should have stipulated to paying more during the temporary period.

I don't know why the final order took so long to be made, but if you had concerns about that, you should have been screaming about it 3.25 years ago.

[KimK]

Thank you for your reply, but perhaps I can shed a bit more light, in my haste to make things as short and to the point I perhaps was not clear.

Both party's did question the length of time by filing multiple Motions to have all the pending issues ruled upon to no avail by the judge.  Our attorney said we could do a writ but that would only anger the judge and that we would have to hire another attorny to go that route.  So we felt a bit between a rock and a hard place when it came to trying to force a fair order from the judge.

The support order was modified in 2000, there were NO other subsequent modification orders.  

1. How can a Prosecuting attorney sign a with holding order for money's that were already ruled upon, being paid and were current with no subsequent court motions, filings or orders?  Our court order states that the Petitioner will pay a sum of XX towards child support and a sum of XX "toward the arrearage as determined herein, until further Order of this Court".

2.  How can an judicial order take second place to something that was signed by a prosecutor?  

3. How could this be done wiothout a hearing or further order from that court?

Sorry if I confused you in my previous post.  Thanks again.

[socrateaser]

I'm no less confused than before. Questions:

1. On what date was the last motion or OSC to modify child support filed?

2. On what date was a final order based on that motion/OSC entered?

3. On what date did the prosecuting attorney sign the withholding order?

[KimK]

Dear Soc,

Brief history - BF lost job in 97, he and his attorney filed immediate petition to modify CS based on job loss.  Court took 3.5 years to render support obligation, Motion To Set Hearing On All Pending Motions filed by both attorny's - 7 court appearances by the party's but no order for 3.5 years.  Court ordered 1,000 paid toward CS in 7 days and modified the support order to include an amount on top of basic obligation to go towards the arrears until arrears paid.  Order followed faithfully for 4 years, always paying cash to office every Friday, until May 2004 when prosecutores office froze all assets and forced a sale of retirement account for the arrears.  We are in IN.

Question-

How can the Prosecutor's office overturn a long standing court order that had been followed to a T for 4 years without any hearing to modify the existing order?

Thanks in advance.

[socrateaser]

>How can the Prosecutor's office overturn a long standing court
>order that had been followed to a T for 4 years without any
>hearing to modify the existing order?

A support order may be retroactively modified to the date of the original filing of the motion or Order to Show Cause to modify. If the original mod request was 3.5 years ago, then the court can (and usually will) go back that far.

If you had any reasonable expectation that your support would be raised during all of the 3.5 years, you should have either saved that money in anticipation of the day when the new order would be entered, or you should have stipulated to paying more during the temporary period.

I don't know why the final order took so long to be made, but if you had concerns about that, you should have been screaming about it 3.25 years ago.

[KimK]

Thank you for your reply, but perhaps I can shed a bit more light, in my haste to make things as short and to the point I perhaps was not clear.

Both party's did question the length of time by filing multiple Motions to have all the pending issues ruled upon to no avail by the judge.  Our attorney said we could do a writ but that would only anger the judge and that we would have to hire another attorny to go that route.  So we felt a bit between a rock and a hard place when it came to trying to force a fair order from the judge.

The support order was modified in 2000, there were NO other subsequent modification orders.  

1. How can a Prosecuting attorney sign a with holding order for money's that were already ruled upon, being paid and were current with no subsequent court motions, filings or orders?  Our court order states that the Petitioner will pay a sum of XX towards child support and a sum of XX "toward the arrearage as determined herein, until further Order of this Court".

2.  How can an judicial order take second place to something that was signed by a prosecutor?  

3. How could this be done wiothout a hearing or further order from that court?

Sorry if I confused you in my previous post.  Thanks again.

[socrateaser]

I'm no less confused than before. Questions:

1. On what date was the last motion or OSC to modify child support filed?

2. On what date was a final order based on that motion/OSC entered?

3. On what date did the prosecuting attorney sign the withholding order?

[KimK]

1. On what date was the last motion or OSC to modify child support filed? APRIL 1997

2. On what date was a final order based on that motion/OSC entered? OCTOBER 2000

3. On what date did the prosecuting attorney sign the withholding order?  MAY 2004

[socrateaser]

>1. On what date was the last motion or OSC to modify child
>support filed? APRIL 1997
>
>2. On what date was a final order based on that motion/OSC
>entered? OCTOBER 2000
>
>3. On what date did the prosecuting attorney sign the
>withholding order?  MAY 2004

OK, well in view of that, if there is no pending motion to modify, then I would file a motion for an injunction to prevent the prosecuting attorney from executing an administrative order that directly violates the current court orders. If your order states that no modification of your arrears obligation can be made without further order of the court, and the DA is ordering your assets seized to cover your arrears, then that would directly contradict the court's orders.

The downside of this is that the court could simply modify your court order so as to permit the seizure. The question that you need to determine is whether this last result would be more unfair to you than it would be beneficial to the child. I don't have enough facts to make that call.