Motion to Correct Mistakes or Motion for Reconsideration?

[acooke]

My divorce was finalized in a default hearing on 12/20/2018. During the hearing, the judge stated that I had the incorrect child support worksheet and transferred the numbers, and printed a new one that was submitted to the court. When she asked me did I pay for medical I responded yes and just assumed she was transferring the numbers correctly. This mistake resulted in my ex paying $0 child support and getting to claim our minor child on taxes every other year. When I asked the judge during the hearing how does he get to claim her every other year but I am awarded sole custody and he wouldn't pay child support and she responded "it was the guidelines." I asked what if I don't agree with this and she said I could file an appeal.

I am unsure of which motion for file for or what is appropriate in this situation.

 

[not2cleverRed]

US law only. What state are you in, if you are in the US?

 

[acooke]

US law only. What state are you in, if you are in the US?

Arizona.

 

[not2cleverRed]

I would assume that you are going by the 2018 Calculator?

Are you saying that the 2 of you share 1 minor child? What is the parenting time split? Does the other parent have significant parenting time or just visitation?

As far as the tax exemption goes, that's her interpretation of page 22 (Section 27) of Arizona CS Guidelines 2018. Since his cs is $0, he should have no problem fulfilling his cs obligations.

Were you represented by legal council? If yes, what were you advised? If no, I think you should ask for a quick consult somewhere, somehow.

 

[Taxing Matters]

I am unsure of which motion for file for or what is appropriate in this situation.

Do you have an attorney? If you do, he or she is the one to ask the question. Very likely you need to file an appeal, but without seeing exactly what the judge did it is impossible to say if a motion for reconsideration/correction might work. If you don't have a lawyer, you ought to promptly see one. The time for appeal or to file these motions is very short, and you don't want to screw it up.

As for the dependent tax exemption, as the tax law currently stands that exemption is no longer available (technically the exemption is zero) for tax years 2018 through 2025, so that part of the order right now is likely not worth litigating unless there is some other tax benefit that you could claim if you could take the dependent exemption and assuming that amount would be worth fighting over.

 

[acooke]

I would assume that you are going by the 2018 Calculator?

Are you saying that the 2 of you share 1 minor child? What is the parenting time split? Does the other parent have significant parenting time or just visitation?

As far as the tax exemption goes, that's her interpretation of page 22 (Section 27) of Arizona CS Guidelines 2018. Since his cs is $0, he should have no problem fulfilling his cs obligations.

Were you represented by legal council? If yes, what were you advised? If no, I think you should ask for a quick consult somewhere, somehow.

If she would have put that I was paying medical isnurance and not him like that was on the original worksheet, none of this would have happened.

Yes it was the 2018 child support guidelines.

 

[quincy]

You should continue using this thread for all questions but here is a link to your other thread for informational purposes only:
https://forum.freeadvice.com/threads/motion-for-reconsideration.651941/

 

[acooke]

If she would have put that I was paying medical isnurance and not him like that was on the original worksheet, none of this would have happened.

Yes it was the 2018 child support guidelines.

He lives in Dc and has credit for 30 days on the child support guidelines.

 

[acooke]

Do you have an attorney? If you do, he or she is the one to ask the question. Very likely you need to file an appeal, but without seeing exactly what the judge did it is impossible to say if a motion for reconsideration/correction might work. If you don't have a lawyer, you ought to promptly see one. The time for appeal or to file these motions is very short, and you don't want to screw it up.

As for the dependent tax exemption, as the tax law currently stands that exemption is no longer available (technically the exemption is zero) for tax years 2018 through 2025, so that part of the order right now is likely not worth litigating unless there is some other tax benefit that you could claim if you could take the dependent exemption and assuming that amount would be worth fighting over.

I do not have an attorney and unfortunately cannot sfford one. Thats why I am here trying to get assitance the best I can.