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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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Old 12-06-2017, 01:22 PM
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Default Question on retro-active CS

Hi there,

I'm facing a new motion regarding retro-active child support. The is the second motion that the person has brought this forward despite not wining the previous motion. I've got some pretty specific questions though.

Since the last motion, I've been paying off-set CS based on the court order. I've provided my NOA's on a yearly basis as required by the court order. The recipient made one request in 2014 for a change (which I agreed to), however abandoned the change because it would have resulted in a decrease in CS. The amount was trivial and I did not pursue it. They asked again in 2017 based on my 2016 income, which I agreed to change. The problem is that the recipient wanted to include retro-activity instead of a go-forward and I did not consent to this. The recipient now refuses to settle on child support and is seeking a retro-active claim for the last 4 years suggesting that I am refusing to pay CS. I continue to pay based on the court order which is enforced through FRO.

The current order reads somewhat like...
  • Exchange income and NOA on June 1st of every year
Although it does not state that an adjustment is required, I can interpret it as such and have no issues with it.

The recipient however wants to go back to the year were income is incurred prior to it even been earned. So they are asking to go back retro-actively to 2014 and ask that I pay for 2014 based on my 2014 income. Under my court order, I would have used 2014 income to adjust and pay as of July 1st, 2015.

I've never given the recipient a hard time about adjusting support and have always been transparent as to my income.

Any feelings on the merit of the case?


Thanks,
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Old 12-06-2017, 01:40 PM
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Default

Your ex can file whatever they want in spite of the agreement or the law says. You have to go through it unfortunately (my partners ex wants retro at a higher income and for a child that isnt eligible).

Make a chart that has your income and what cs is payable for each year with what you paid sort of like line 1: 2014 - income - owed - paid - difference.

Do this for the past three years. Respond accordingly.
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