Can I amend the order

[Isis1]

California

okay, i owe child support arrears in the amount of A for when i was NCP for two children. i now have custody. NCP is now in arrears for the amount B. We had a child support hearing this past Wednesday. NCP was rather upset over the amount he will be owing monthly and for the amount of arrears. i mentioned my arrears and asked if he would agree to waive my arrears dollar for dollar for his arrears. he agreed. now i have C amount of arrears left over, i will be moving forward to establish a payment plan to pay that off. the ADA offered to lower NCP's child support $200.00 lower for two years in lieu of me paying the arrears i owe him. NCP said no, he wants that money in full.

so i still have a balance, he is current and starts his monthly support in September. all fine and dandy.

however, in the court order that was signed by myself, the NCP, the county attorney, and the judge it states i'm credited for the amount of B, and then it also states that NCP is to pay his monthly amount plus $10.00 to go towards his arrears in the amount B. that's not right. the NCP has no arrears. he starts fresh and cleans since we traded.


how do i address this so there is no confusion? can i submit an Amended Order After hearing so the NCP gets the proper number of arrears which is $0? the NCP has never undestood any of his court orders or any wording within, so it may be years before he even notices.

 

[CourtClerk]

Unless this is a criminal case, there is no ADA involved, so who wrote the first order?

You had a support hearing Wednesday, new support was established effective what date?

 

[Isis1]

Unless this is a criminal case, there is no ADA involved, so who wrote the first order?

You had a support hearing Wednesday, new support was established effective what date?

sorry, i forgot what her official title was. it was the county attorney for child support.

child support for NCP was effective March 1st.

 

[CourtClerk]

sorry, i forgot what her official title was. it was the county attorney for child support.

Then you can't amend THEIR order. You are not a party to this case. You can't submit an amended order.

child support for NCP was effective March 1st.

You say CS was effective March 1, but first you said

starts his monthly support in September

which is it? Was CS effective Mar. 1 or Sept. 1? If Mar. 1, then by Sept, there is in fact an arrearage because retro support was ordered.

 

[Isis1]

Then you can't amend THEIR order. You are not a party to this case. You can't submit an amended order.

You say CS was effective March 1, but first you said which is it? Was CS effective Mar. 1 or Sept. 1? If Mar. 1, then by Sept, there is in fact an arrearage because retro support was ordered.

oops, said that wrong.

on the order, it's effective March 1st. His payments are to start September 1st with arrears. I agreed to waive his arrears if he waived the equal amount to my arrears. this way his starts his payments with no arrears. the county attorney agreed, he agreed.

it states in the order that i am credited B amount. but it also stated he owes B amount for arrears and is ordered to make those payments. but i waived them. so he should be in arrears $0.00, right?

duh, that does make sense, i'm not a party to the case so i can't do anything. can the NCP make a request for modification? it just looks to me as if i am credited to my arrears and the NCP still has arrears.

btw, thanks CC