Change of Venue - Odd Question


#1

Hi,

My ex and I went to court late last year and ultimately what came from the hearing was an amended child support order and also him receiving credit for some direct payments he made to me before wage withholding began. Also, change of venue to my and the children’s current NC county was granted per my request.

Well, apparently his attorney wrote the order wrong and his credit was applied incorrectly according to a letter I just received from his attorney. The letter acknowledges that the case was transferred to my new county, but that she spoke the deputy clerk in the old county and the deputy clerk has agreed to reactivate the support/alimony issue in the old county because this should have been taken care of before the transfer of venue.

His attorney claims that they can and will now file a motion in the old county to reopen the issue. Can this be true? I have already been set up with a new file and number in my new county and plan to file a motion around unpaid support soon anyway. (He misrepresented his income and benefits and also has not paid his share of uninsured medical bills for 4 years…)


#2

It is likely the attorney will have to go back to the original county and have the judge correct his order.