Time limits

Over the last several years, I have been involved with a child support case in which the courts state that I owed arrearage, which I really didn't. It's and extremely long story, and I will try to be brief. In December I was back in court for trying to correct these amounts, and the hearing officer indicated that I should have taken care of this when I when the first report and recommendation was issued, and indicated that she was relying on that hearing officers report stating that he did alot of research and was indepth with the case and that she was relying on his report. When I received a copy of this first report and recommendation, it didn't go into detail and was very vague, but stated that the arrearage amounts were correct. The DOR was representing me at the time and I requested that they correct it and they did not.

I recently called the case mananger and requested information about this and she also indicated that this hearing officer was extremely thorough with his research of this case, which was the reason for his recommendation and I would need to obtain a copy of the report in order to see the details as to how he came to his recommendation.

I recently obtained a copy of this report, which was much more detailed than the copy that I received and the hearing officer made claims in this report that are totally false, and do not understand where he got his information from. One such claim was that my daughter was not in my custody even though I have her school records which prove she was in my custody. There are many more inconsistencies as such to this report.

I submitted a motion to stay the December ruling based upon the fact that it was based upon the false claims made by the hearing officer and yet the judge indicated that there is only a certain amount of time that is allowed to correct such problems and ruled against me.

Are the courts allowed to follow this kind of practice even though provable, valid evidence is available to show that major mistakes were not only done, but allowed by the courts allowing this injustice?

[judg4]

Well he really should have examined the evidence...if it was clearly incorrect you may appeal his decision or file a motion to reconsider.

Even if the judge states that the alloted amount of time to do something about this has passed? He stated that he could sympothize with my position but if he ruled in my favor, the DOR would file appeal and I would loose. Plus, part of the problem is that I submitted a motion to enforce my ex to answer interrogatories which she has still not responded to. The judge reviewing the evidence I provided, stated to the DOR attorney that it appeared that my ex may have committed fraud and granted me the motion. I do not want to get the judge mad by filing something that will possibly cause me problems with what I was granted.