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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #31 (permalink)  
Old 09-29-2017, 12:42 PM
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opps I meant that to be anew thread, will repost
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  #32 (permalink)  
Old 09-29-2017, 01:07 PM
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Quote:
Originally Posted by Dad0208 View Post
Yes, I know I am obligated to pay from the point that she made her application, but can she ask for retroactive from before the date that she was no longer entitled? For example, if she lost entitlement say a year ago, can retroactive be asked for from before that date of loss of entitlement or only from the date of her application for reinstatement? Sorry if it's confusing.


Were you paying the proper amount? If you werent paying the proper amount and she can prove it then you should calculate the proper amount and pay her.

For instance you found out your income that year was higher than you paid cs on and you realize you owe her an additional $500. Or if you were paying for six months but kid was actually in school for eight. You owe for the two months. If you owe cs you pay it and yes she can go back retroactively three years if she can prove it is owed and ESPECIALLY if you knew you owed it.
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  #33 (permalink)  
Old 09-29-2017, 01:19 PM
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No, I do not owe her. As explained in my original post, I was paid up and everything was good. She just thinks I made more and wants to impute income to get retroactive. She did not decide this until she decided to apply to reinstate child support because of school. So I was asking in general if child support was ended before, if she could even go back that far at this point or whether she can only get the retro starting from when she applied to reinstate.

I doubt she will find success, but I was just curious about it.
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  #34 (permalink)  
Old 09-29-2017, 01:43 PM
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She can file anything she wants. Remember that. However...she has to prove it. She has to prove you were able to work more. If you have proof you cant work more then you can defend it.


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  #35 (permalink)  
Old 09-29-2017, 02:35 PM
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I just find it ridiculous that she is asking for it all the way back 10 years. She wants bank statements for those 10 years but the bank will only give me 7 years.
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  #36 (permalink)  
Old 09-29-2017, 03:36 PM
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As long as you have shared taxes etc along the way she would be hard pressed to get that far back. Only in rare cases are arrears ordered past three years
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