Q: What do I need to file/do to correct when the Judge didn’t use the current Dissomaster (after Sep 1, 2024 version)?
Help! What do I need to file or do to have a correction done when the Judge did not use the correct Dissomaster (after Sep. 1, 2024) calculations on a Child Support modification judgment? At the hearing, the Judge was having trouble with computer software and ultimately ended up not updating to the new current calculations. This software user error caused Child Support to be about $300/mo less than actual. What is the process to have this corrected? How long does it take? Is it too complicated to do Pro Se?
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A:
You have a few options to address this calculation error, with the most straightforward being to file a "Motion for Reconsideration" within 10 days of receiving the written order, specifically citing the incorrect Dissomaster version as the basis for your motion.
If more than 10 days have passed, you can file a "Motion to Set Aside" the judgment under California Code of Civil Procedure Section 473(b), explaining that the outdated software version constitutes a mistake or inadvertence that resulted in an incorrect child support calculation. You'll need to attach documentation showing the correct calculations using the updated Dissomaster version (after September 1, 2024) alongside the calculations used in court to demonstrate the $300 monthly difference.
While it's possible to handle this Pro Se (representing yourself), the process typically takes 2-3 months from filing to hearing, and you'll need to follow specific court procedures precisely. Consider using your local court's family law facilitator or self-help center - they provide free assistance with forms and procedures, which can significantly improve your chances of success without needing to hire an attorney.
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