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jer1125

judge made an order for back child support on altered document

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ok. So here is the deal. In October I got hurt at work and settled with workmans comp out of court. My ex wife got wind and took me to court because I was behind on child support. My comp attorney sent over a letter saying I was getting a settlement. Well the person that printed out my letter thought she heard me say I was getting 9500 so she added it to the letter instead of it just saying a settlement. I picked up the paper the morning of court didn't look at it  Get to court and turned it into evidence. The judge made his order of 4000 to be paid to ex wife off the order and sent a copy to my attorney . My attorney then sent me a letter saying that he is going to send the judge a letter with the correct amount on it. He said at worse I am perpuating the court and at least it was an innocent mistake. I am getting 77000. I owe 12k in back support. What would I be charged with? will I get arrested or a supena? also should I come clean to the judge and just pay the back support?

 

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My comp attorney sent over a letter saying I was getting a settlement. Well the person that printed out my letter thought she heard me say I was getting 9500 so she added it to the letter instead of it just saying a settlement.

 

Why would a person who "printed out [your] letter" (your attorney's secretary?) alter a letter that your attorney sent to ??? based on something she thought she heard you say?  That makes no sense.

 

 

 

I picked up the paper the morning of court didn't look at it  Get to court and turned it into evidence.

 

Huh?

 

 

 

He said at worse I am perpuating the court

 

Huh?  "Perpuating" isn't a word.

 

 

 

What would I be charged with? will I get arrested

 

I can't conceive why you think you might be arrested or charged with a crime because of what sounds like a clerical error made by your attorney's secretary.

 

 

 

will I get . . . a supena?

 

Ummm...how could we possibly know?  Do you know what a subpoena (not "supena") is?  It's a document by which a party to a criminal or civil case seeks to compel a non-party to produce documents or other evidence.  Why would you think you might "get" a subpoena?

 

 

 

should I come clean to the judge and just pay the back support?

 

I certainly think you ought to pay child support as ordered by the court.  I also think that, to the extent you communicate with or testify before the court, you should be truthful.  If that doesn't answer your question, please clarify what you're asking.

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I'd be interested in hearing more about the conversation with the secretary, because I too find it difficult to believe that she would "alter" a letter based on discussion with you. I get the impression that the attorney didn't see this letter or sign it. I get the impression you're skirting around certain facts.

A judge won't likely believe that you didn't look at the letter, and (s)he'd all but certainly find it a cockamamie argument that in any event someone misheard/mistook $77,000 for $9,500 and that your attorney overlooked that and signed it.

Did court rule from bench? Even if not, you were clearly ok with keeping mum when you discovered court apparently ordered a $4,000 payment out of the workers' comp proceeds. Your last question indicates that you STILL think it's debatable as not nuts to consider not paying what you owe unless and until push comes to judicial shove. (At least one existing court order exists and dictates that you pay an amount per month that currently totals $12,000. You may think a $4,000 order relating to w/c proceeds supercedes the other court order(s) you've violated by virtue of nonpayment.)

Your last question strikes me as idiotic. (I think circumstances and what you've said warrants harshness.) You really expect someone to say "Nah, don't pay what you owe in child support; continue to be a crummy person"? As for "come clean" to the judge, why would you use such language? Never mind obvious reasons why someone would, but particularly in light of your w/c attorney saying he'd be writing to judge to relay accurate info.

Your attorney was referring to possibility that a judge could easily consider what occurred as perpetrating a fraud on the court. It's conceivable that if not approached properly that a judge might decide to ask the State's Attorney in relevant county to file a petition for criminal contempt of court. Fun fact: unless something has changed recently, there is no limit on sentence of imprisonment that judge may impose in Maryland when it comes to criminal contempt. Anyway, sure, you could be on receiving end of an arrest by summons.

Judges can pretty much do as they please, and it's usually left to the object of their ire to sort it out. A judge needn't be correct about how (s)he proceeds, and contempt of court is an issue open to wild and varied interpretation. (To be timely and topical, google "Nalley Maryland judge shock" and you'll see an interesting, extraordinary example of what can happen if you irk a deranged judge in Maryland.) Along the same lines as the police saying "tell it to the judge," this judge may say "tell it to the judge who gets your criminal case."

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You owe $12,000!!! and are complaining about having to pay just a quarter of that to support your child when receiving an award of $77,000??? Dude, I hate to be harsh but going back to a judge to claim you shouldn't have to pay the $4,000 you already owe when you have far more than that, because you didn't bother to read a letter you turned into evidence as "true" (not believable) is a very bad move. If you wanted to be a decent parent, you would pay the whole $12,000 immediately and not waste the court's time ordering you to comply with something they already told you that you must do.

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To be fair (and clear), don't think poster expressed wish or intent to challenge $4,000 court order (argue that he shouldn't have to pay the $4,000).

Another note: Wouldn't be in a hurry to spend all the dough, because court might order that you hand over more than just $12k.l, given circumstances and past history. (Among other things, if ex was smart, she asked for attorney fees related to most recent action and may want to renew if that wasn't decided.)

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