Generally speaking, the writ of error coram nobis is employed, in cases where there is no other remedy, for the purpose of reviewing, correcting, or vacating a judgment in the same court in which it was rendered, on account of errors of fact. These errors of fact must affect the validity and regularity of the proceedings, and were not put in issue at the trial, or were unknown at the time of the trial to the party seeking relief without fault on his or her part. Also, the remedy may be available if such facts were unknown to the trial court, were not passed on by it, and, if known, would have prevented rendition of the judgment.
The writ of error coram nobis is not often granted in civil cases, but it is still available in some courts to correct an error of fact which resulted in the judgment. The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela. A writ of audita querela is a writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such judgment.
Child support is a critical aspect of ensuring the well-being and financial stability of children when parents separate or divorce. However, there are certain situations where child support may not be granted or served. It is essential to understand these exceptions to navigate the child support system effectively. Here is a detailed description of what may not appear served for child support, along with relevant keywords: 1. Joint Custody: In cases where parents share joint custody, with both parties having equal time and responsibility for the child's care, child support may not be necessary. The expenses related to raising the child are expected to be equally shared by both parents. 2. Emancipation: When a child reaches the legal age of emancipation, typically 18 years old in most jurisdictions, child support obligations usually terminate. At this stage, the child is considered legally independent and responsible for their financial well-being. 3. Parental Agreement: If parents mutually agree to waive child support or make alternative arrangements for financial support, it may not appear served. This situation typically arises when both parents have sufficient financial resources to meet the child's needs without formal child support. 4. Unmarried Parents: In situations where the parents were never legally married and there is no court order establishing paternity, no child support order may be in place. However, if paternity is established, a parent can file for child support later. 5. Absent Parent: If one parent is completely absent from the child's life due to reasons such as abandonment or disinterest, child support may not be served. However, even in such cases, it is advisable to consult with legal professionals to ensure the child's rights are protected. 6. Parental Income Below Poverty Line: If a parent's income falls substantially below the poverty line, enforcing child support may not be viable. Court systems recognize the need to prioritize the parent's basic needs and well-being before imposing child support obligations that may cause undue hardship. 7. Voluntary Unemployment or Underemployment: If it can be proven that a parent purposefully remains unemployed or takes a lower-paying job to avoid child support obligations, it may lead to child support not appearing served. Courts strive to discourage individuals from manipulating their income to gain an unfair advantage. 8. Illegal Activities: Parents engaged in illegal activities, like drug trafficking or other criminal enterprises, may find child support not being served. Courts prioritize the child's safety and welfare, and providing financial support may enable or indirectly endorse illegal activities. It is important to note that child support laws and regulations differ across jurisdictions. Consulting with an attorney or legal professional experienced in family law can provide accurate information specific to one's location and individual circumstances.
