CS without order

[Roni]

Can a judge order you to pay retro CS without having a court order to do so, in the first place ?

Technically, if you have not broken the law. The court has not been defied.

If you park illegally, you have a parking ticket and if you don't pay it, the judge can order you to do so and increase / decrease the fine.

If you don't pay a bill, you might be sent to a collection agency etc etc.

I'm confused by the family law, as it makes no sense.

I understand when the court orders you to pay CS and if you don't, then you are really defying the court and the judge will slam you for that.

But if there is no court order in place, then how can the court judge on something you were not ordered to do.

Can someone explain this ?

[Mess]

If you don't pay your taxes you have broken the law, and you will be ordered to pay without having to go to trial. The children have a right to support and the amount is a simple determination based on income. You have the ability to appeal (like with with your taxes) based on whatever extenuating circumstances, but the primary responsibility is to pay and make your arguments later.

[billiechic]

I have heard that you are expected to pay CS 90 days after separation. However, you have a moral obligation to support your kids from the first day. FL is not based as much on the law as other types like small claims, or criminal law. It is largely influenced by case law and precedence, and these both support paying CS from day one, with or without an order.

Also, I can guarantee that most judge will hold a bias against someone who has not made the effort to financially support their kids. It really isn't a good move to wait for an order.

[epinecone]

CS Starts Yesterday

I started paying CS when my spouse left.. My lawyer advised me to keep paying the same amount every month before we went to court..

It made sure the kids were provided for during the time they were with their mom, and it reflected well in the future legal proceedings.

While I don't think the amount I pay is fair, It did keep me from having to worry about the kids...

I was told by my lawyer that judges to not look fondly on payors who do not start paying immediately if the kids need the support.