Child Support Case Discrepancies

Summary

In Illinois, retroactive child support is typically calculated from the date of filing. If discrepancies arise, such as incorrect court orders or clerical errors, you can file a Motion to Correct Clerical Error to address these issues. Ensure all relevant facts and supporting evidence are included in your motion. If needed, consider seeking legal advice to navigate the complexities of your case and potentially appeal any unfavorable decisions.

Full Conversation

No, the judge made. her ruling and set child support based on what was stated in the * page pretrial by the opposing party on November *. * as the posing party stated that this case was taken off call did not give a date. because the petitioner meaning I did not appear in court Now I just told you what is stated in the copy I received from the court file on December * * * Now I provided all documented evidence to this judge. but she refuses to acknowledge the evidence and change her order for the pretrial retroactive So her statement in her drafted court order from December * * as estates background at the time child support was set both consoles agreed argued About the date child support was to be calculated from. Then she states this court ruled that child support was to be calculated from the date petitioners console filed the motion for child support. What does she mean by that? She. is trying to say. that my second attorney from the date my second attorney filed a motion for temporary child support payments to continue as he took over my first attorney. which doesn't seem fair and it doesn't add up
I'm sorry you're facing this issue. It sounds frustrating. When the judge states that child support is to be calculated from the date your attorney filed the motion, she means the support calculations start from the date when the motion for child support was officially submitted by your attorney.
Would you like more details on how to challenge or appeal the judge's decision?
OK, but you're not understanding me. How can the judge. make such a statement when the court file shows my signature. in the HFS documents that filed for child support dated April * * What I requested the retroactive bee calculated and ordered from that date. Now, discharge, to me, seems by that statement that she is dismissing and just choosing to ignore. everything prior. to December 19th * As that's when my second attorney filed. a motion. for the temporary child support that my first attorney filed for temporary child support to continue. Now we are talking about retroactive child support payments, which should be older from April
I understand your frustration. To clarify, judges sometimes base their decisions on the most recent filings or motions. Here are general steps you can take:
- **Review Orders**: Ensure all court orders are accurate.
- **Appeal**: Consider appealing the judge's decision.
- **Seek Legal Advice**: Consulting a new attorney may provide additional guidance.
Would you like more information on how to appeal the decision?
I also need to file something. because that's an error on the court or clerk. that it was taken off call because clearly At the time. November * * there was no state attorney involved in my case. And I never filed. a motion to dismiss the case.
I understand your concern. It seems like there was an error in your case being taken off call. Here are steps you can take to address this:
- **Motion to Correct Clerical Error**: File a motion to correct the clerical error regarding the case being taken off call on November *, *.
- **Supporting Evidence**: Attach evidence showing there was no state attorney involved at that time and that you did not file a motion to dismiss.
Would you like more details on how to file this motion?
What should I title it? And what should I state.
You can title the motion as "Motion to Correct Clerical Error." Below is a suggested format for what you can state:
---
**Title: Motion to Correct Clerical Error**
**Case Name: [Your Case Name]**
**Case Number: [Your Case Number]**
**Court: [Name of the Court]**
---
**Motion to Correct Clerical Error**
I, [Your Name], respectfully request the Court to correct the clerical error in the order dated November *, *. The order erroneously states that the case was taken off call because the State's Attorney filed a motion to dismiss, which is incorrect.
**Facts:**
- On November *, *, there was no State's Attorney involved in my case.
- I did not file any motion to dismiss the case.
- Attached are documents proving my involvement and the absence of the State's Attorney at that time.
**Relief Sought:**
- Correct the court order to reflect the accurate status of the case on November *, *.
---
Please ensure to attach any supporting evidence and documents mentioned in the motion. Would you like more information on preparing any specific sections?
That November * *. Court order that wasn't the court file. that I just became aware of. states come this case coming before the court. on motion slash respondents. Then it states attorney slash petitioners. motion to dismiss granted Then it states respondent failed to appear. Then it states taken off call as it was stricken. Which doesn't make sense? because at that time? there was no state's attorney involved in my case, no any longer I never filed that motion. And certainly the state's attorney that was not involved in my case couldn't have filed it Both respondent or me or my new attorney at the time were aware of any case with us November * *
I understand your concern. You can include the points you just mentioned in your motion. Here's a revised format for your "Motion to Correct Clerical Error":
---
**Title: Motion to Correct Clerical Error**
**Case Name: [Your Case Name]**
**Case Number: [Your Case Number]**
**Court: [Name of the Court]**
---
**Motion to Correct Clerical Error**
I, [Your Name], respectfully request the Court to correct the clerical error in the order dated November *, *. The order erroneously states that the case was taken off call because the State's Attorney filed a motion to dismiss, which is incorrect.
**Facts:**
- On November *, *, there was no State's Attorney involved in my case.
- I did not file any motion to dismiss the case.
- My new attorney and I were not aware of any such motion or case status on that date.
- The order incorrectly states that the respondent failed to appear.
**Relief Sought:**
- Correct the court order to reflect the accurate status of the case on November *, *.
**Supporting Evidence:**
- Attached documents proving the absence of the State's Attorney and that no motion to dismiss
OK you're not understanding me so if. The court order drafted by my first attorney, who took over the state's attorney on October. * * two, clearly states. Petitioners attorney granted leave to withdraw, but itioner has 21 days to hire. a new attorney. This case is up for status December *. * So it does not make sense. Why? the state's attorney or I as the petitioner would file motion to dismiss this case. on November 28th *
I understand your concern. It seems crucial to correct this error. You should include specific facts about the attorney's status and the case timeline in your motion. Here's a revised format:
---
**Title: Motion to Correct Clerical Error**
**Case Name: [Your Case Name]**
**Case Number: [Your Case Number]**
**Court: [Name of the Court]**
---
**Motion to Correct Clerical Error**
I, [Your Name], respectfully request the Court to correct the clerical error in the order dated November *, *. The order erroneously states that the case was taken off call because the State's Attorney filed a motion to dismiss, which is incorrect.
**Facts:**
- On October *, *, my first attorney was granted leave to withdraw, and I had 21 days to hire a new attorney.
- On November *, *, I hired a new attorney.
- The case was set for status on December *, *.
- On November *, *, there was no State's Attorney involved in my case.
- I did not file any motion to dismiss the case.
- The order incorrectly states that the respondent failed to appear.
**Relief