Amending Spousal Support Order

[PhoenixRsng]

What is the name of your state (only U.S. law)? California

I'm In Pro Per. Can anyone tell me how to amend (NOT MODIFY) a SS order? The wrong Smith/Ostler overtime monthly calculation worksheet was attached to the order. The CS order has the right sheet attached to it and captures both CS % and SS % for monthly OT. I just need to add the worksheet to the SS order.

Thanks.What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

I'm In Pro Per. Can anyone tell me how to amend (NOT MODIFY) a SS order? The wrong Smith/Ostler overtime monthly calculation worksheet was attached to the order. The CS order has the right sheet attached to it and captures both CS % and SS % for monthly OT. I just need to add the worksheet to the SS order.

Thanks.What is the name of your state (only U.S. law)?

How recent is the order?

 

[PhoenixRsng]

The hearing was on 4/2011. The order was filed & endorsed 8/2011. There have been no change in circumstances.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I'm In Pro Per. Can anyone tell me how to amend (NOT MODIFY) a SS order? The wrong Smith/Ostler overtime monthly calculation worksheet was attached to the order. The CS order has the right sheet attached to it and captures both CS % and SS % for monthly OT. I just need to add the worksheet to the SS order.

Thanks.What is the name of your state (only U.S. law)?

Does the incorrect worksheet effect the amount you would have to pay?

 

[mistoffolees]

The hearing was on 4/2011. The order was filed & endorsed 8/2011. There have been no change in circumstances.

That's going to make it more difficult. Usually, you have a short time (30 or 60 days) to correct an error in an order. Once that time has elapsed, it becomes harder.

I'm not very good at procedural things, so I can't tell you how to do it. Someone here may be able to answer you, but if it were me, I'd call the court clerk to explain the situation and ask them what the procedure is. They can't tell you what to do, but if you know what you want to do, they may be able to give you the forms. Or contact the CA court self-help center:
California Courts - Divorce or Separation

 

[PhoenixRsng]

Does the incorrect worksheet effect the amount you would have to pay?

Yes, it affects the amount I will receive. The worsheet ends at additional pay of $2800/mo but OT earned per mo is about 3x higher.

 

[PhoenixRsng]

That's going to make it more difficult. Usually, you have a short time (30 or 60 days) to correct an error in an order. Once that time has elapsed, it becomes harder.

I'm not very good at procedural things, so I can't tell you how to do it. Someone here may be able to answer you, but if it were me, I'd call the court clerk to explain the situation and ask them what the procedure is. They can't tell you what to do, but if you know what you want to do, they may be able to give you the forms. Or contact the CA court self-help center:
California Courts - Divorce or Separation

Thanks for your assistance!

 

[Ohiogal]

Thanks for your assistance!

Why did it take you four months later to find out about the error? You may be out of luck.

 

[mistoffolees]

Why did it take you four months later to find out about the error? You may be out of luck.

Not that it's any justification, but many people are so happy to be done with their divorce that they don't even look at the documents until they need them - often many years later.

Piece of advice for anyone still going through their divorce: when you receive your final divorce documents, go through them with a fine-toothed comb to make sure they're accurate. In most cases, you can have simple errors corrected very easily if you do it quickly, but not if you delay.

Of course, the same thing applies to any legal documents you sign.

 

[PhoenixRsng]

Why did it take you four months later to find out about the error? You may be out of luck.

DCSS found out about the error when they tried to enforce it and advised me to get it amended so that can move forward with collecting smith/ostler. FYI - This is temporary support. The divorce isn't final.