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Court clerk made a mistake in chlid support amount

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  • Court clerk made a mistake in chlid support amount

    Last week I filed a "Consent Motion to Change Child Support" with all the support documentation.
    Today I received a Form 15D: Order on Motion With Notice (not signed by a Judge), but the child support amount is wrong as is the Payors total annual income!
    It's a large enough monthly difference for the kids and I.
    What are my options?
    Will the court correct THEIR mistake, or will I ultimately have to pay for the clerk's error?

  • #2
    SETTLING CONTENTS OF DISPUTED ORDER

    (5) Unless the court orders otherwise, a party who disagrees with the form or content of a draft order shall serve, on every party who was served under subrule (4) and on the party who served the draft order,
    (a) a notice disputing approval (Form 25E);
    (b) a copy of the order, redrafted as proposed; and
    (c) notice of a time and date at which the clerk will settle the order by telephone conference. O. Reg. 114/99, r. 25 (5).

    Comment


    • #3
      So I fill out Form 25E and file it at the court with a newly signed copy of Consent Motion to Change Child Support, then serve a copy on my ex, even though NONE of this is my error or his error?
      The court already has the Consent Motion to Change Child Support with the appropriate figures on it. I have to get the ex to sign it all over again?! Considering it took three times to get it right this year (he kept being difficult), I doubt that he'll sign the form again, even though the form is already correct!
      What a load of codswallop! The court made the typographic/numeric error. THEY should correct it!
      Grumble, but I guess one has to jump through the hoops of the "Justice" system.
      Does that mean I have to refile everything all over again?

      Comment


      • #4
        Followup: I followed OrleansLawyer and filled out Form 25D and re-prepared all the papers I had done for the original "Consent Motion to Change Child Support". I had a photocopy of the original that I had filed.
        Arrived at the courthouse bright and early (8 AM) and waited beside the IRC (outside FLIC). I showed the clerk the photocopy of what i had filed and the Form 15D that I had received. I was sent to the information desk to get a number. Waited until my number was called, and they were very good about it and amended the "Order on Motion With Notice" while I waited.
        I was overprepared, but it's better to be overprepared than underprepared! Thank you OrleansLawyer for your advice. Now everything is "fixed" ('til next year).

        Comment


        • #5
          I was overprepared, but it's better to be overprepared than underprepared!
          Well done!

          Comment

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