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Post-Trial Relief - a.k.a. judge messed up in ruling

Discussion in 'Child Support' started by HeighHoHeighHo, Sep 2, 2020.

  1. HeighHoHeighHo

    HeighHoHeighHo Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    In a hearing over child support arrears going back over a decade, the judge said 'no' to interest on very old arrears due to laches (I wasn't trying to collect at the time and lots of time has past so interest is forfeit) and said interest would start accruing on the amount he said was owed as of the date of his judgement. Problem is there are arrears that are are 5 years old that I have been very actively trying to collect the whole time so laches would definitely not apply to those, so I am owed a couple thousand in interest on those arrears.

    I can't find a specific form for it, how do I go about filing a Post-Trial Relief Motion? - Colo. R. Civ. P. 59
     
  2. Zigner

    Zigner Well-Known Member

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    Not every motion has a form. You will need to write your own.
    Having said that, the judge is well within his discretion in making the determination that he did. You have a tough row to hoe.
     
  3. cbg

    cbg Super Moderator

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    Generally, "the judge messed up" translates to "I don't like the judge's ruling".
     
  4. zddoodah

    zddoodah Well-Known Member

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    I don't entirely understand what you're asking. You file such a month by preparing it and submitting it to the clerk with any appropriate filing fee -- same way you file any other motion.

    This is not the sort of thing for which you will be able to find or use a pre-printed form.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    There is no form for that. You'll need to draft that motion from scratch. Or have an attorney handle that for you, which is what I would recommend you do to ensure you get it right.
     
  6. HeighHoHeighHo

    HeighHoHeighHo Law Topic Starter New Member

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    Thanks, heard from the Court's self help folks that there is no specific form for it- just make your own like you guys said.

    My attorney said it would take 6hrs to do this, meaning if I was awarded what I asked for, I would just break even so that's a no.
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    That is an excellent cost-benefit decision on your part.
     

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