Gross error in ruling


#1

Four years ago I took out a case to increase my visitation with my 2 children from 2 weeks in the summer to every other week. I originally had 4 weeks throughout the year… 2 in summer, one in fall, and one in spring because the children were in year round school. With a move to a more traditional school, i lost the weeks in the spring and fall and the summer went from 6 weeks vacation to the more typical 12. So I felt a change was very reasonable.

My ex counter sued for an increase in child support although we had an agreement in place from an agreement her attorney had drawn up since 2005 that was not standard NC guidelines. From that agreement to this month I have never missed or been late on a payment.

Our case had its first court date in Oct of 2008 which was continued several times over the years and finally heard in Mar of 2011. Unbelievably we still did not get a final ruling until last week.

I pretty much lost the entire case. I got 4 weeks in the summer… So in essence only getting back the 2 I had lost during the school year. However disappointing, that is not what prompts my visit here today.

For the court records I submitted bank statements as well as tax returns from 07 - 2010. These tax records show my total income range from 72k to a high of 117k. This is an average monthly gross of around 8818. Her monthly gross is 550 as she chooses to work part time even though she has a college degree and our kids are 10 and 13. The court ruling states my monthly income at 12150 which is grossly incorrect. This places my court ordered rate at 1839 which in my estimation is 400 to 500 too high. To add insult to injury, the ruling further states that I am to pay back difference to 10.2008 for a total of 35k.

First that stated monthly average is incorrect and i can prove that. Second, I do not understand why I would have to pay back difference when I paid the amount agreed to in our original separation agreement and the judge stated at every continuation that we remain under that agreement until trial. AND furhermore, even if I am to pay a back difference, it should be based on a recomputed average every year, not from the current average.

So my questions… Now what? I am in “contempt” if I dont pay in 30 days however I feel this is full of errors. Is this grounds to have the entire ruling thrown out and the case reheard? Should her gross pay not be based on her ability to work at minimum 40 hours a week at min wage? (my current wife had to use that figure in her childsupport calc) Should I have to pay the back difference even though I was following our attorney drawn up separation agreement?

Thanks for any insight. At this point i have lost all faith in the justice system for fathers or in attorneys as mine certainly did not care about me or the outcome as evidenced one last time by the ruling being emailed to me by the secretary and no word at all from my attorney.


#2

Nom, if you don’t mind me asking, who was the judge that most recently presided over your case and passed that ruling?


#3

You can file a motion to amend, but that must, generally, be done within 10 days of entry of the order.


#4

Higdon in Union county.


#5

I’ve had a similar outcome with the judge that presided over my case. Regardless of how ironclad of a case I presented, I was ruled against. I have also lost a lot faith in the judicial system, and I am exploring alternatives to getting some help in finding justice. I’ve though perhaps through media or by contacting my local representative/congressperson. I’m going to do some research, and if you’d like, I can share information with you on what I find out.


#6

If your current income would lower then CS payment by 15% then you can ask for an adjustment going forward. Get a lawyer (enough money is at stake) and get it lowered.

Call tomorrow to see if an attorney will file a notice of appeal. I thought it was 30 days.


#7

I am also looking for those alternative ways. Please advise on any leads or anything helpful that you may discover. I can do the same.


#8

dont think that its just dads that get screwed by the judges. my daughter has been to court twice…both times got screwed by the judges because …the first one decided how to rule even before hearing the case, tried to get my daughter to agree to her ruling BEFORE the case was ever heard, and when my daughter refused to agree, the judge then wouldn’t allow a lot of crucial material evidence to be heard or presented. also, when the other party was CAUGHT lying under oath, the judge thought nothing of it and still proceeded to give the father everything he wanted and more. her attorney didn’t help matters either, by NOT presenting evidence that he COULD have and SHOULD have presented. this last go round in court, the child has been suffering from night terrors, separation anxiety, no longer sleeps at all through the night…worse than a newborn baby…testimony by 2 professionals stated she was stressed out, (one of those witnesses was the other partys own witness) the judge ignored sleep study results…KNOWING that the other party was denying any and all issues that even medical professionals and sleep study reports proved…when it came to the findings, he found that the child was definitely being affected by former SCHEDULE of a 2-2-5-5…and yet, found that it wasn’t happening at the other partys home???..IGNORING the other partys denial, which was neglect of the childs mental well being on the other partys side, and in the judges findings, he said that testimony given was that the child was doing better under the temp order of one week on and one week off…NO ONE ever said that, or testified to it…COMPLETELY opposite!!! when we went for a motion 60 hearing, we learned how the judge got to his findings…by writing HIS notes down WRONG…stated that I said something that I never did!!! he shortened my words down, to make it look like I said something that I didn’t say. Again, another attorney that wouldn’t stand up and fight…so this child is having to continue to suffer at the hands of horrible judges and attorneys. What makes it so bad, is if MY daughter had known there were issues and yet neglected to get help…SHE could have gotten in trouble for child neglect…we are the ONLY ones seeking help for her…she is a very young child, (less than 5 years old) and has been seeing a psychologist since June of last year. How sad is that??? Im disgusted with NC court systems, the attorneys, and the fact that you cant do a darn thing about it if the JUDGES make mistakes. yeah…you can file complaints blah blah blah…been there done that…I sent the state bar the entire case/evidence…just for them to say that the first judge done nothing wrong??? HOW can it be legal for a judge to KNOW how they will rule on a case BEFORE its ever heard?? So, I completely blame the court systems, the judges, the attorneys for the suffering this child has had to endure for the last 2 years…and no telling how many more before something gives. As far as attorneys go…they got you. You cant afford to “shop around” for a GREAT attorney, because of all the consultation fees…and they demand all money upfront, or a HUGE retainer fee…so basically…they get their money up front, and therefore have no incentive to put their heart and soul into your case…why should they?? they’ve already gotten their money from you?? that’s just wrong wrong wrong!!! Ive thought about taking it to the media…Ive thought about writing to journalists…but, really…would we accomplish anything??? Our voices are so small, that we mean nothing. The first go round of courts, I was so sick and disgusted with how things went, that I contacted MULTIPLE state representatives, congressman, you name it, I contacted them. Only heard back from maybe 2…and both said there was nothing they could do to help…all others that I wrote to or emailed…IGNORED my emails. So unless we get the entire state to stand up and fight…I don’t think ANYONE will listen to our small voices. :frowning: