How can I "correct" incorrect information in the Judge's Order?
This can be a complicated situation. If you have already had a trial, then the only way to “correct” the information would be to appeal the Judge’s order. You must then argue to the Court of Appeals that the trial court erred in calculating child support because it used the wrong financial data. Other possible steps to “correct” the information include a Motion for Reconsideration or Motion for New Trial. These Motions are very tricky and very fact specific, however, and the incorrect Motion can leave you in a bad situation. I recommend consulting with an experienced family law attorney to help guide you through this process.
If you already have an attorney, try to get clarification on what exactly happened at the trial court level, which resulted in the Order with incorrect information. In some situations, clients become dissatisfied with their lawyer and the results, even though the lawyer did an excellent job. The client may not know that the lawyer did a good job because of a failure to communicate, which results in a loss of trust. It may be worth it to pay another lawyer their consultation fee for a 2nd opinion on the original Order and the likelihood of a successful appeal.
By Patrick L. Meriwether, Partner, Meriwether & Tharp, LLC