Judge incorrectly calcualted child support.

[Litigator22]

If evidence of a material error in the order clearly appears in the court record, then the appropriate motion IS NOT to reconsider, but for an order "nunc pro tunc"; literally (Latin) = "now for then".

 

[Brush807]

Unfortunately if you failed to bring up the $600 you were voluntarily paying earlier and there was nothing said by mom either ...then the judge never could factor it in....and in some forums ..a voluntary payment is considered a gift...you may have lost that credit window...you can try to get it factored back in, would help if you have some paper trail / proof ...but don't bet the ranch on prevailing.

Yes it was mentioned and I didn't bring proper proof. I spoke to an attorney today, that I will be meeting tomorrow to see if my case is worth filing an exception. The attorney said that the initial case was not a ruled by a judge but rather a magistrate. Those CS cases will take 10 days to reach the judge for the final decision. If the case is worth filing an exception then he will do so immediately...Hope that's the case. I just want to pay what's fair according to how much I make as my kids needs to be taken care of and the mom has legal physical custody.

 

[Brush807]

If evidence of a material error in the order clearly appears in the court record, then the appropriate motion IS NOT to reconsider, but for an order "nunc pro tunc"; literally (Latin) = "now for then".

Meeting with an attorney tomorrow and hopefully he can help by taking the appropriate steps. Thank you soo much for your feed back.