Docs wrong?

[Mckenzie]

Jurisdiction

Georgia

I have a visitation order along with a child support order for my son that have been in effect since 2014. Recently I went to court via zoom in September to modify the support order. I signed the order that was for my son, but DFCS never filed it. I have 2 other children with the same women but neither order had been placed for the other 2 children. I was advised in April of this year that DFCS neglected to file the updated order as the other 2 children were supposed to be added. I still have not signed any updated order that involves all 3 of my children, but now DFCS is trying to claim back child support as if I intentionally wasn't paying. I had a wage garnishment order in effect, but DFCS was only deducting the original amount not the updated amount. Now they are trying to hit me with over $3000 in arrears. What are my options? Is DFCS in the wrong? I thought that by changing anything on a court document, that made a whole new document which would then still have to have my signature. Is this legal?

 

[justblue]

I have a visitation order along with a child support order for my son that have been in effect since 2014. Recently I went to court via zoom in September to modify the support order. I signed the order that was for my son, but DFCS never filed it. I have 2 other children with the same women but neither order had been placed for the other 2 children. I was advised in April of this year that DFCS neglected to file the updated order as the other 2 children were supposed to be added. I still have not signed any updated order that involves all 3 of my children, but now DFCS is trying to claim back child support as if I intentionally wasn't paying. I had a wage garnishment order in effect, but DFCS was only deducting the original amount not the updated amount. Now they are trying to hit me with over $3000 in arrears. What are my options? Is DFCS in the wrong? I thought that by changing anything on a court document, that made a whole new document which would then still have to have my signature. Is this legal?

You knew back in September that your CS obligation was raised. You should have either sent in the difference between what they were garnishing from your pay and the new amount or set it aside to pay once the paperwork screw up was taken care of.

Did you contact DCFS to let them know that they neglected to file the new order?

 

[Mckenzie]

You knew back in September that your CS obligation was raised. You should have either sent in the difference between what they were garnishing from your pay and the new amount or set it aside to pay once the paperwork screw up was taken care of.

Did you contact DCFS to let them know that they neglected to file the new order?

DFCS informed me that they neglected to file it. As it wasn't filed, my obligation wasn't officially raised. My question is can they legally charge me extra for their failure to file the documents on time, and their failure to follow legal proceedings? Doesn't changing a document make a whole new document? If they made any change on the previous order that never got filed, and then filed the new order i never signed, is that legal?

 

[army judge]

My question is can they legally charge me extra for their failure to file the documents on time, and their failure to follow legal proceedings?

One can often recognize the "were they able to charge me" by simply recognizing the OBVIOUS, as in they certainly did.

However, even if a governmental agency is WRONG, don't expect them to confess, apologize, and without reluctance, obfuscation, hesitation, recalcitrance, return their victim's money without a fight.

It might be unwise to even think that a governmental agency caught picking a citizen's pocket will simply return any loot they've purloined from you.

You can write the agency a letter informing someone, perhaps the big, bad boss of your findings/feelings.

Heck, you might even complain to your governor, state senator, and state congressional official.

If they made any change on the previous order that never got filed, and then filed the new order i never signed, is that legal?

If a LEGAL FINDING is that which you seek, you'll need to initiate a lawsuit to receive one.

However, it is difficult, if not impossible to "sue the sovereign, or any of her/his/it's officials or agencies".

Beyond the initiation of a lawsuit against the sovereign, bear in mind it is the sovereign's court system in which you'll be required to bring such a lawsuit.

Common sense suggests, the outcome is likely known before one brings the issue.

I've learned after many decades of living on this planet, when possible walk or run away, shaking my head, but keeping my big yapper closed.