Failures of either the Court Clerk or the judge himself? HELP!!!

[bigdaddy0910]

Tennessee.
For almost a year now I have been dealing with this!! Situation: May 2009, we had a child support hearing along with some other issues, all of which were resolved. Child support amount had been reduced, and scheduled to begin in June 2009. Noone received the court order for the new child support amount (although we DID receive the orders for the other issues resolved in the same hearing). I have been desperately calling the court clerk to find out why nobody including my employer has received the wage assignment.. NO RESPONSE!! I called 29 times to get some answers but never got a response!! Finally I went down to the court clerks office to demand answers and they told me there was no record that there was even a hearing on child support that day!! Mother, myself, and my wife were ALL in the court room. I have obtained the recording of the hearing and now have evidence of the judges orders from that day, but I couldn't get advice from the court clerk on what to do with it, but instead said they couldn't give legal advice..sound like a cover up? What do I do with my evidence? Who's failed in this matter to document the child support and then have the judge sign? HELP!!

 

[Gracie3787]

Tennessee.
For almost a year now I have been dealing with this!! Situation: May 2009, we had a child support hearing along with some other issues, all of which were resolved. Child support amount had been reduced, and scheduled to begin in June 2009. Noone received the court order for the new child support amount (although we DID receive the orders for the other issues resolved in the same hearing). I have been desperately calling the court clerk to find out why nobody including my employer has received the wage assignment.. NO RESPONSE!! I called 29 times to get some answers but never got a response!! Finally I went down to the court clerks office to demand answers and they told me there was no record that there was even a hearing on child support that day!! Mother, myself, and my wife were ALL in the court room. I have obtained the recording of the hearing and now have evidence of the judges orders from that day, but I couldn't get advice from the court clerk on what to do with it, but instead said they couldn't give legal advice..sound like a cover up? What do I do with my evidence? Who's failed in this matter to document the child support and then have the judge sign? HELP!!

First, have you looked in your court file to see if there is an order in there?

If not, that will be the very first step. If there is no order in the file, there should be a notice of hearing and the pleading that resulted in that hearing.

Then, take those documents with the recording of the hearing to a local attorney for advice on how to make sure the order is actually written up and signed. A consult is generally inexpensive and sometimes free. It may be just a technicality to have the order that was recieved amended to include the CS issue, a local attorney will be able to tell you what that process is.

 

[VeronicaLodge]

the clerk cannot give legal advise, that part is not a cover up

 

[bigdaddy0910]

Thanks for the tips!! We did look through the file at the clerk's office, but nothing with regards to the new child support was in it. Only the other issues of that same hearing were in the file. Is child support not handled the same as any other issue heard that day? I obviously made a mistake to not have an attorney present. Was I to draw up the order for the new child support? I'm not sure how I could have done that given the fact that I didn't have a copy of the worksheet the referee made on that day. I will consult with an attorney on this..thanks again!!