I just received a copy of what is titled "Child Support Order (CSUP) entered by my ex-wife’s attorney and seemingly signed by the Judge. This order states that my inability to show for court and subsequent motion for continuation was denied. The order states “findings of fact” and lists 52 points, most of which are absolutely false or at least truth that is severely twisted. The Order then states a “decree” and lists several items. My questions:
- Since I was not present to defend myself, can I fight the “decree”, especially since it is based on MANY false statements?
- Can I answer the order with a counterclaim in the form of a motion?
- What is the best course of action to defend the decree?
I have just started a new job which WILL change the amount of Child Support and counter-mine many of the points of the argument and subsequent decree. Should I just file a counter motion? I am confused and angry, but I can tell you that I do NOT have the ability in ANY way to pay the amounts outlined in the decree.
Thanks!
Does anyone have some guidance? Is there a free legal clinic or some place similar in either Catawba County (where this takes place) or in Mecklenburg County (where I currently live)?
I’m sure Erin will post soon. She is normally not available during the weekends (and holidays).
The Order was entered after a hearing in which the judge made determinations based on your ex’s allegations. If you did not show for court to deny the allegations and submit to the court your side of the story her allegations are deemed to be true.
You cannot file a counter motion to an order.
If I was not told a continuation would be denied, how would I know to show up in court (this has been continued before)? The allegations are false and I should be able to defend myself. I cannot adhere to the order in terms. You’re saying there is no recourse? That’s insane.
If you did not respond to the complaint and did not show up for trial the court will uphold the order.
My employment situation has changed, which is why I asked for a continuance. The order for Child Support is therefore now based on outdated income information. I need to inform the court of my new employment for re-calculation of the child support (which I understand and am perfectly OK with), but I also want to be “heard” on the other issues which have ancillary financial effect. Since a new motion for review has to be filed, does it make sense for me to file the motion? If so, do I also motion to be heard on the other matters?
I’m going to ask this again - is there any free legal clinic in Catawba or Mecklenburg Counties? I am COMPLETELY tapped out.
You may attempt to file for a modification of support, however the court may deny the same since the current order was just issued.
The court’s opinion will be that your presence was required in court for the hearing on the past order, and your failure to appear resulted in the issuance of a valid order for support.
There is a self help center in Mecklenburg County.