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Big trouble...

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amonty33716

Junior Member
Florida

I have a big problem and have no idea what to do... I recently had a divorce finalized. At the hearing with the Judge the Judge instructed both parties attorneys to write down his judgement. There was no Stenographer or voice recorder that I know of. My wife's attorney volunteered himself to complete the final judgement. I received a copy of it in the mail last week and there are about 6 paragraphs of "doctored" information. For example the Judge stated I was to amend my income tax return and give the proceeds to her attorney. But her attorney wrote I was to amend my tax returns and pay the irs back, then she is to file her taxes claiming the child. Also the time sharing schedule is not correct. And the last important piece of incorrect info is that I was to pay her arrearage of $1,000 again out the of income tax return I was to amend. Well her attorney wrote I was to pay her $100 a month for arrearage on top of child support! I have no idea what to do and my lawyer is not returning any of my calls. I have no money to pay another attorney.. I cannot afford to pay her attorney out of pocket or pay her out of pocket for arrearage....
 


mistoffolees

Senior Member
Florida

I have a big problem and have no idea what to do... I recently had a divorce finalized. At the hearing with the Judge the Judge instructed both parties attorneys to write down his judgement. There was no Stenographer or voice recorder that I know of. My wife's attorney volunteered himself to complete the final judgement. I received a copy of it in the mail last week and there are about 6 paragraphs of "doctored" information. For example the Judge stated I was to amend my income tax return and give the proceeds to her attorney. But her attorney wrote I was to amend my tax returns and pay the irs back, then she is to file her taxes claiming the child. Also the time sharing schedule is not correct. And the last important piece of incorrect info is that I was to pay her arrearage of $1,000 again out the of income tax return I was to amend. Well her attorney wrote I was to pay her $100 a month for arrearage on top of child support! I have no idea what to do and my lawyer is not returning any of my calls. I have no money to pay another attorney.. I cannot afford to pay her attorney out of pocket or pay her out of pocket for arrearage....
You take your choice. Either pay what it says or pay an attorney.

Frankly, if your attorney was there for the final hearing, it shouldn't be all that expensive for him to send a correction to the other attorney.
 

LdiJ

Senior Member
Florida

I have a big problem and have no idea what to do... I recently had a divorce finalized. At the hearing with the Judge the Judge instructed both parties attorneys to write down his judgement. There was no Stenographer or voice recorder that I know of. My wife's attorney volunteered himself to complete the final judgement. I received a copy of it in the mail last week and there are about 6 paragraphs of "doctored" information. For example the Judge stated I was to amend my income tax return and give the proceeds to her attorney. But her attorney wrote I was to amend my tax returns and pay the irs back, then she is to file her taxes claiming the child.
The attorney worded it correctly, the judge was in error assuming that you are amending your return to remove the child as a dependent. That one isn't worth fighting because you WILL have to pay back the IRS when you amend your return...therefore there will be no "proceeds" to give her attorney.

Also the time sharing schedule is not correct.
That one perhaps you should fight, depending on how it is not correct.

And the last important piece of incorrect info is that I was to pay her arrearage of $1,000 again out the of income tax return I was to amend. Well her attorney wrote I was to pay her $100 a month for arrearage on top of child support! I have no idea what to do and my lawyer is not returning any of my calls. I have no money to pay another attorney.. I cannot afford to pay her attorney out of pocket or pay her out of pocket for arrearage....
Again, you are not going to have a refund to pay the arrearages out of. You are going to be amending your return to take the child off, therefore you are going to OWE money to the IRS, you will not be receiving a refund. Therefore, the only way to pay the arrearage is out of your pocket.
 

Gracie3787

Senior Member
Florida

I have a big problem and have no idea what to do... I recently had a divorce finalized. At the hearing with the Judge the Judge instructed both parties attorneys to write down his judgement. There was no Stenographer or voice recorder that I know of. My wife's attorney volunteered himself to complete the final judgement. I received a copy of it in the mail last week and there are about 6 paragraphs of "doctored" information. For example the Judge stated I was to amend my income tax return and give the proceeds to her attorney. But her attorney wrote I was to amend my tax returns and pay the irs back, then she is to file her taxes claiming the child. Also the time sharing schedule is not correct. And the last important piece of incorrect info is that I was to pay her arrearage of $1,000 again out the of income tax return I was to amend. Well her attorney wrote I was to pay her $100 a month for arrearage on top of child support! I have no idea what to do and my lawyer is not returning any of my calls. I have no money to pay another attorney.. I cannot afford to pay her attorney out of pocket or pay her out of pocket for arrearage....
You can try filing a motion to correct mistakes for the mistakes in the parenting time schedule.
Unfortunately, unless your ex and her attorney agree, it might be difficult to prove what the Judge actually ordered since there isn't any recording available. I'm always advising people in Florida that hearings are NOT required to be recorded, which is really lousy because it causes huge problems like yours.

First, try talking to ex and her attorney about the problem, they might agree to just file an amended fianl order for the Judge to sign.
 

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