overpaying
New Member
Hello,
I am writing because I have a question regarding a vacate order.
In 1995, my children's mother opened a child support case against me, unbeknownst to me because she was mad that I married another woman. She opened it in 04/95 and in 07/95 was granted a judgment. I found out about it roughly six months later. I had moved from the address where I previously resided, and I was laid off work, and I was never served.
The process server, had made a few attempts to serve me at an address that I was no longer living at and he eventually served a 'John Doe', that's what he put on the paper. I assumed he 'John Doe', must have been a security guard assigned to monitor the empty building (the address he list as serving 'John Doe' where the company was located before they closed down.
I assume that at some point they were able to locate my correct address, being the county, because I then received a notice stating that I owed roughly $8000 in arrears from a monthly order of $531.
I immediately went down to the child support court and was advised to file a motion to vacate the previous judgment as I was never served. I went to court and it was continued three different times, and in 12/96, he lowered the order to $277, but didn't include an arrearage amount. I assumed it was vacated. It never said pay this amount in current and this amount in past due. However, they never adjusted the amount from the $277, and all these years I have been paying on mostly interest. I owe a total of $2500 in principle and $12,000 in interest. Was the judge supposed to indicate or specify vacate the previous or default judgment (because on the court papers, for every continuance, at the top, they all said vacate, and on the last continuance, it said to set aside default judgment) or was child support supposed to recalculate the original ordered amount once the judge lowered the child support amount?
Can I file a new motion to vacate that judgment and have them review what happened in 12/96 and to see why they never addressed the vacate aspect of my motion?
I feel that I have over paid all these years and that the arrearage amount was never adjusted or lowered.
Thanks in advance!
I am writing because I have a question regarding a vacate order.
In 1995, my children's mother opened a child support case against me, unbeknownst to me because she was mad that I married another woman. She opened it in 04/95 and in 07/95 was granted a judgment. I found out about it roughly six months later. I had moved from the address where I previously resided, and I was laid off work, and I was never served.
The process server, had made a few attempts to serve me at an address that I was no longer living at and he eventually served a 'John Doe', that's what he put on the paper. I assumed he 'John Doe', must have been a security guard assigned to monitor the empty building (the address he list as serving 'John Doe' where the company was located before they closed down.
I assume that at some point they were able to locate my correct address, being the county, because I then received a notice stating that I owed roughly $8000 in arrears from a monthly order of $531.
I immediately went down to the child support court and was advised to file a motion to vacate the previous judgment as I was never served. I went to court and it was continued three different times, and in 12/96, he lowered the order to $277, but didn't include an arrearage amount. I assumed it was vacated. It never said pay this amount in current and this amount in past due. However, they never adjusted the amount from the $277, and all these years I have been paying on mostly interest. I owe a total of $2500 in principle and $12,000 in interest. Was the judge supposed to indicate or specify vacate the previous or default judgment (because on the court papers, for every continuance, at the top, they all said vacate, and on the last continuance, it said to set aside default judgment) or was child support supposed to recalculate the original ordered amount once the judge lowered the child support amount?
Can I file a new motion to vacate that judgment and have them review what happened in 12/96 and to see why they never addressed the vacate aspect of my motion?
I feel that I have over paid all these years and that the arrearage amount was never adjusted or lowered.
Thanks in advance!
