How to Amend Findings and Order After Hearing

[mary7]

My question involves a marriage in the state of: California

Hello, I am without attorney representation, and my husband has an attorney.
I have a protective restraining order against him.
I have tried 3 times to be awarded spousal support, since I am disabled and on SSDI. I was denied the first 2 times over the past year and half, and the last time a couple of months ago, I was ordered support retroactive for a couple of months. He still refuses to pay. I believe that his attorney is part of the problem too, considering he has behaved (unethically) several times throughout the year.
After the hearing, I filled out the Finding and Order After Hearing and submitted it to the attorney, considering I had not reason to believe that he would do it since he never returns my calls or will settle anything with me. He then went ahead and filled out one and basically filed it and removed a couple statements that I knew that judge made in determining the support. I now have the transcript, since I was able to obtain a court reporter for this last hearing. The statements that I wanted included were in fact the truth as to what the judge stated for reasons of spousal support. So the first thing I need to know is how do I amend the Finding and Order After the Hearing, if I basically just need to add other information and wording into the 3e. Other Factors regarding spousal or partner support on FL 343 form ?
Also, since there was also a earning assignment order checked, shouldn't the attorney have submitted the form FL 435 with his Findings and Order After Hearing? Or can I submit it with the amended order? He still refuses to pay and his attorney refuses to return my phones calls or let me know when to expect any kind of payment at all.
I thank you so much for all your help in advance. I have been struggling with my health and trying to end this peacefully, but it has been any thing other then that, and I am completely worn out.

[Mr. Knowitall]

You don't make it at all clear how the order came to be entered. You drafted a proposed order, they drafted a proposed order, and then what? If the judge was asked to decide between the two proposed orders, why did the judge pick theirs over yours? If not, why did you stipulate to an order you knew to be inaccurate, and did you make any sort of record of your reservations or concerns? The order was entered how long ago?

[mary7]

Hello, I apologize, I am very ill and realize I do not speak clearly all the time.
The spousal support order came about during and OSC hearing, after which I drafted a proposed order. My husband's attorney then drafted an alternate order saying that I made mistakes, and entered information that was not stated in court. I responded to him, and went ahead and filed the order. The day I received it in the mail, it had already been 3 days since he filed it. I called the court clerk and she told me that she already signed the order per the minute order. I then ordered a copy of the transcript, which clearly stated the reasons why spousal support was ordered, so I want to amend the order to reflect the statements from the judge as to exactly why she ordered the support. This is a game to my husband, and just another form of abuse. Every time I file for support he quits his job with the union, and then goes back to work after the hearing. This judge finally realized what he was doing, and although he stated that he wasn't working, she ordered the support and a wage assignment. But I was told that I needed to also have an FL 435 filled out to garnish his wages. Honestly, this is all too much for me, I know that I need an attorney, but was denied attorney fees. I have a very limited social security income, and have to rely on everyone for help, while she refuses to give me the most meager amount of support compared to his income. The order was entered about 4 weeks ago, and I just received the transcript, so now I can include that. Thank you so much for you help.

I also did stipulate, but the court clerk told me that she had reviewed it from the minute order and that I would have to file an ammended one. Thank you!

[aaron]

I responded to him, and went ahead and filed the order.

Exactly what do you mean by "I responded to him"? You write that you submitted the order; you seem to mean that he submitted the order - did he submit the order?

A motion for reconsideration should be filed within ten days of service upon you of the order form which you're seeking relief. (Code of Civil Procedure, Sec. 1008). Depending on what "about four weeks ago" means, you may have missed the deadline for an appeal by right - if you plan to appeal, watch your deadline. Depending on the full facts, you may qualify for relief under the following statute:

(a)

(1) The court may, in furtherance of justice, and on any[/FONT]
terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in anyother respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

(2) When it appears to the satisfaction of the court that the amendment renders it necessary, the court may postpone the trial, and may, when the postponement will by the amendment be rendered necessary, require, as a condition to the amendment, the payment to the adverse party of any costs as may be just.

(b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Applicationfor this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order,or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership orright to possession of real or personal property, without extending the six-month period, when a notice in writing is personally served within the State of California both upon the party against whom the judgment, dismissal, order, or other proceeding has been taken, and upon his or her attorney of record, if any, notifying that party and his or her attorney of record, if any, that the order, judgment, dismissal, or other proceeding was taken against him or her and that any rights the party has to apply for relief under the provisions of Section 473 of the Code of Civil Procedure shall expire 90 days after service of the notice, then the application shall be made within 90 days after service of the notice upon the defaulting party or his or her attorney of record, if any, whichever service shall be later. No affidavit or declaration of merits shall be required of the moving party. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused bythe attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.

(c)

(1) Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following:

(A) Impose a penalty of no greater than one thousand dollars($1,000) upon an offending attorney or party.

(B) Direct that an offending attorney pay an amount no greaterthan one thousand dollars ($1,000) to the State Bar Client Security Fund.

(C) Grant other relief as is appropriate.

(2) However, where the court grants relief from a default ordefault judgment pursuant to this section based upon the affidavit ofthe defaulting party's attorney attesting to the attorney's mistake, inadvertence, surprise, or neglect, the relief shall not be made conditional upon the attorney's payment of compensatory legal fees or costs or monetary penalties imposed by the court or upon compliance with other sanctions ordered by the court.

(d) The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may,on motion of either party after notice to the other party, set aside any void judgment or order.

It sounds like it would be a really good idea for you to consult a lawyer. You can also check the county law library or an area law school library for practitioner's guides to civil procedure, as you may be able to find instruction on, and sample pleadings for, preparing this type of motion.