Modification of support

[jscarin]

What is the name of your state? IN

Father took me to court in Sept-03 to modify visitation and increase child support. Court ordered an increase in child support in Sept-03. Never recvd ruling in the mail. My attorny contacted me 6 weeks after court date and said ruling had been made and filed but thru some admin error had never been mailed. Increase was negligible and my attorney advised me to not say anything to father if I could live without the increase. Quite sure we'll be back in court over custody after father is re-married (b/c father has threatened this repeatedly).
Question(s) : Did my attorney tell not to say anything about increase so that when father takes me back to court it will look as if he isn't following the court order? Will father have to pay the difference once this is brought to the court's attention or since it was the court's mistake (by not notifying him) will the court just drop it?
Would ask my attorney, but thought maybe I could save myself the $100 phone call by posting here.

 

[BL]

Did both parties have attorneys ?

Usually it is left up to the attorneys to send their client a copy of the order(s).

 

[gphjr]

My Opinion is yes I think your attorney is setting him up for failure by him not knowing of the increase, thus being on bad terms with the judge. The increase is file with the court right? If so he is in arreares the difference.

 

[jscarin]

Attorneys

Yes, both of us had an attorney.

Someone told me that they had a situation where a contempt charge was dropped b/c they claimed they had received bad counsel. I was just wondering if my ex would be able to say "Nobody told me" and it would be written off as an oops!

 

[gphjr]

Was your ex in the courtroom when the judge increased the amont of CS? If so he does not have to wait until he receives the document. In OK where I completed my CS Case the order was effective the date of filing. The judge received the motion in Jan and didn't order it until Late feb but it was effective in Jan so I had to back pay. She filed comtempt documents as soon as she got the increase in the mail. My attorney laughed becasue her next payment was not even due yet. But she wanted her $93.00 now. If you want to be nice to your ex, send him a copy of yours, return receipt requested with a note saying "DID YOU RECEIVE YOUR COPY?)