I was granted child support in 1993 in the state of Louisiana for 2
children. The NCP has never paid the ordered support. I was
represented by a legal aid attorney at the time and it has just been
discovered that the attorney did not get the judgement signed by the
judge.  I now reside in the state of Texas, as does the NCP and have
decided to take him to court for the owed support and to force him to
begin making payments.  Is the order from 1993 null and void because
the judgement was not rendered and signed by the judge?  I am in
possession of the court minutes which states the cause number and the
specifics of the judge's ruling.  Please help.

Dear littleme-ga;

Thank you for allowing me to answer your interesting question. Our
disclaimer at the bottom of this page prohibits us from giving legal
advice. What I am show you is a matter of published information and
should not be taken in lieu of advice from a licensed attorney.

Occasionally a variety of circumstances prevent the finalization of
divorces, support orders, abatements, judgements, etc and the court
often tries to rectify the problem in a prescribed manner. If your
case was not finalized due to a clerical error or oversight you may
have to go back to court or have an attorney (perhaps a more competent
attorney this time) go to the court for you and file a motion in your
behalf called a ?nunc pro tunc?. ?Nunc pro tunc? is a Latin phrase
(Latin is commonly used in legal settings), which when translated
literally means, ?now for then?. When granted it effectively allows to
be done today, what should have been done earlier, and does so with a
retroactive effect.

NUNC PRO TUNC
http://en.wikipedia.org/wiki/Nunc_pro_tunc

If the court agrees that a mere clerical error or oversight is
responsible for the case not being processed properly, it can, at the
court?s discretion, rule that your situation is deemed ?nunc pro tunc?
for the purposes of the order and make the support judgment
retroactive to the date of the original hearing. The final decision
though lies solely with the court and could actually go either way
depending on your individual circumstances and the jurisdictional laws
and traditions of your state. I recommend you consult an attorney
about this possibility ? maybe even a different one.

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

Defined above


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

Nunc pro tunc