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  • Retro CS - Need quick answer

    I'm in court tomorrow re: Custody of 16yr old and support for same. My ex is asking for retro CS payments for the difference between the old and new guidelines for our other 2 children. I provide financial info and post-dated cheques in April every year and was not aware of the change to CS until this October when my 16yr old came to live with us. Is there a chance that the court will allow her claim for retro support?

  • #2
    Anyone? I'm in court at 10:00 tomorrow AM. Just wanted a little "inspiration".

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    • #3
      Originally posted by dg_sch
      Anyone? I'm in court at 10:00 tomorrow AM. Just wanted a little "inspiration".
      I'm not an expert, but did she ask for retro CS when the new guidelines came out? If not, then why should it be retroactive?

      Good luck and let us know how it goes.

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      • #4
        Just found my old thread....

        So ex requested retro support for the difference between the old and new guideline amounts. Total was somewhere around $800 (ex didn't have a clue exactly how much she wanted as she didn't do the math). Judge asks me why I was paying $ under old guideline and I informed him that I give her cheques starting april 1 so had no idea that there was a change to guidelines. I then stated that if she was to claim retro, so would I because in Cotober she cashed her support cheque for 3 kids when she only had 2 and she refused to pay support for Oct through Jan. difference would have been around $40. Judge looks at her and says "Your ex husband willing gives you 12 post dated cheques every April and you don't have to chase him for them?" She replies "that's correct!". Judge says "No retro amount will be awarded, consider yourself lucky you have such a cooperative ex spouse and your not spending your time chasing him for money."

        The end (for now, see imputing salary thread)

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        • #5
          I'm glad to hear you didn't have to pay retro and sounds like you had a great judge!

          My husband's ex wants 7 years of retro because he made a variation of child support now that his 17 year old daughter moved in with us in January. (Ex is basically pissed off) Ex is still cashing CS cheques.

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