Should I file a motion?

[spleenk]

Arizona

Our trial was in mid-December and we stipulated to $466/month among other things. I just found out that a few days before our trial she filed with the court a "Parent's Worksheet for Child Support Amount" that shows our respective incomes which calculates the monthly support. I've seen her AFI and check stubs and she makes $3208/month but this document she filed shows her gross at $3028/month. This "error" resulted in about a $12/month higher payment from me but I also found out she was promoted to Supervisor and has been since 4 months before our trial. With her raise it would be about a $30 difference in monthly support. My lawyer asked her counsel for her recent wages in October and never received them, nor did he follow up to get them. He also had her AFI and he failed to verify her monthly gross, even after I told him repeatedly the $466 was not accurate, during the last-minute negotiations on the eve our our trial.

My question is:

Even though I stipulated to the current amount, do I have a chance to get this corrected and ask for a retro-active refund of the over payment?

Would the Judge grant my Motion to re-calculate the monthly support based on the fact her figures are wrong?

Since my lawyer was an inept ass am I stuck with the stipulation or does his incompetence give another reason for the Judge to re-calculate?

Thanks

cj

 

[spleenk]

Arizona question

I'd like to ask this again to any other knowledgeable readers. The gist of my question is:

Her atty filed the Worksheet to establish the monthly support amount and he transposed or typo'ed $3208 into $3028 which skews the percentage of our share of support and non-insured medical.

I want to ask the Court to recalculate with her accurate wages at the time the Worksheet was filed.

What is the proper motion to file?

Would the Court grant this motion based on a typo such as this?

Would I have to pay her atty fees if my motion is denied?

Is it a "Motion" I file or some other specific request?


Thanks


cj

 

[Inquiry123]

Some ideas...

Yes, in AZ you can go back to have the figures corrected. Your att'y (or you) can motion that the calculation be refigured based on the typo. You will normally have a couple of weeks after you have signed before the former agreement will even hit the judges desk. Get it corrected.

OK...now I'll be a little critical. You signed the agreement. You have some responsibility for letting this one slip by. Don't expect to get your att'y to do anything for free. Live and learn.

We're talkin' about $30/mo. here. Is it worth the hassle at this point? Maybe, maybe not. Is your att'y going to charge you for the mistake? How much will that cost? If her att'y is responsible for the typo, don't expect to have to pay for anything from that side. If you're going to demand now that more recent paystubs, etc. are needed, it's going to cost you -- you should have REQUIRED it at the time.

In the future, you can petition for a review of the support calculation. You can do this yourself...there will be a filing fee. Unless we're talking about a SUBSTANTIAL change though, you'll have to ask yourself if it's worth it.

 

[spleenk]

Yes, in AZ you can go back to have the figures corrected. Your att'y (or you) can motion that the calculation be refigured based on the typo. You will normally have a couple of weeks after you have signed before the former agreement will even hit the judges desk. Get it corrected.

I fired my atty. He refused to correct the typo on the eve before our trial and I refuse to pay him another dime for the piss-poor service I got. As far as I know, my atty was part of the problem. I'm on my own now.

OK...now I'll be a little critical. You signed the agreement. You have some responsibility for letting this one slip by. Don't expect to get your att'y to do anything for free. Live and learn.

I signed the agreement. The worksheet in question of was not attached to it at the time and I only saw it after I got a copy of the agreement after it was filed.

I also paid $250/ hour to be competently represented. As I said, I pointed it out to my atty and he failed to act. In addition to this BS, two months earlier he asked her atty for her recent wages as she was now a Supervisor. He flat out dropped the ball on that and never got them. How's that for Representation?

We're talkin' about $30/mo. here. Is it worth the hassle at this point? Maybe, maybe not. Is your att'y going to charge you for the mistake? How much will that cost? If her att'y is responsible for the typo, don't expect to have to pay for anything from that side. If you're going to demand now that more recent paystubs, etc. are needed, it's going to cost you -- you should have REQUIRED it at the time.

Aside from the $30/month, there is the non-insured medical obligation in proportion to these wages.

In the future, you can petition for a review of the support calculation. You can do this yourself...there will be a filing fee. Unless we're talking about a SUBSTANTIAL change though, you'll have to ask yourself if it's worth it.

The review is every two years. The Judge will only change the Support Order if the monthly support changes by %15.

I need to know if I file a "Motion to Recalculate" or some other legal writ.

I appreciate your input. I'd also like to hear from a(nother?) lawyer if any read these boards. I mean, this is the "Free Advice" forum, right?


Thanks

cj

 

[LdiJ]

I fired my atty. He refused to correct the typo on the eve before our trial and I refuse to pay him another dime for the piss-poor service I got. As far as I know, my atty was part of the problem. I'm on my own now.



I signed the agreement. The worksheet in question of was not attached to it at the time and I only saw it after I got a copy of the agreement after it was filed.

I also paid $250/ hour to be competently represented. As I said, I pointed it out to my atty and he failed to act. In addition to this BS, two months earlier he asked her atty for her recent wages as she was now a Supervisor. He flat out dropped the ball on that and never got them. How's that for Representation?





Aside from the $30/month, there is the non-insured medical obligation in proportion to these wages.




The review is every two years. The Judge will only change the Support Order if the monthly support changes by %15.

I need to know if I file a "Motion to Recalculate" or some other legal writ.

I appreciate your input. I'd also like to hear from a(nother?) lawyer if any read these boards. I mean, this is the "Free Advice" forum, right?


Thanks

cj

Dude.....30.00 x 12 = 360.00 x 2 = 720.00 over a two year period.

Just wait until the next review and look over things more carefully next time. Its not even worth the hassle.

 

[Inquiry123]

Footwork...

If you are in Maricopa county, you can print-off the form from the Self-Service Site to contest the agreement...here's where to start if you're going to do it yourself...

http://www.superiorcourt.maricopa.gov/ssc/forms/fc_drcv8.asp

Go see your ex-att'y...tell him that you want this typo fixed. Nobody (except maybe your ex) is interested in seeing you pay more than your fair share.

I'm guessing that you're only talking about a couple of percentage points in your favor for medical / transportation...you'll have to decide if it's worth it.

Like LdiJ implied, you might want to just wait. In time, maybe she'll have gotten another promotion or at least will have a tough time hiding the paper trail of her recent pay increase.