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Calculation and payment of new Child Support

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  • Calculation and payment of new Child Support

    I feel this has likely been addressed, but not sure what to search for so will pose the question again and hopefully someone will either answer the question or direct me to the thread which has some answers.

    Each year on June 1 NOA are to be exchanged and therefore CS is to be calculated on the previous years income.

    Example June 2017 the 2016 Tax NOA are exchanged. If the payor has a change in income for 2016 and therefore CS payments will change when is that calculation made from January 1 2017 or June 2017?

  • #2
    is there any anniversary date? i.e., what month was the order made?

    This is what I found.. order was made in January so the anniversary was also January..

    There will be a standard recalculation clause included in the order. There will also be standard disclosure obligations on the part of both parties for purposes of the recalculation clause. The anniversary date for purposes of recalculation is January 1, 2018 and each year thereafter.
    I learned several things about the Child Support Recalculation Program from the Program during the interval from September 2 until now.

    [8] Firstly, the Program will only recalculate child support effective on the anniversary date of the order.

    [9] Secondly, the Program will not do retroactive calculations.

    [10] For example, if I grant a child support order effective today, November 3, 2015, the Program will only recalculate child support effective November 3, 2016. They will do so based on the parties’ 2015 incomes, as those incomes will be the most current incomes available from tax records. The parties are left to themselves to make any retroactive calculations.
    [26] Non-conflicted parties using the Child Support Recalculation Program will frequently agree on an adjustment date with no retroactive consequences. I leave it to the parties to determine if that is actually feasible. If so, they will also have to agree that recalculation will be done on the anniversary date of the order taken out from this decision. I make no direction that the Program be involved with these parties or that they opt into the Program.
    Last edited by trinton; 05-26-2017, 12:39 AM.


    • #3
      Think it depends what your agreement states... my husbands says that they exchange by June 1st and new CS takes place on July 1. So he pays July 1-June 30 every year.

      Sent from my iPhone using Tapatalk


      • #4
        If you're basing it on the last years income then the change will only be based on the amount of time the income changed. For instance, payor makes 60,000, gets increase of 10,000 per year in August, income for 2016 is reported at 65,000 instead of 70,000. The idea is that the next year the full 70,000 is reported.

        The legal advice we got however stated that by law, changes in income are to be reported immediately and cs updated accordingly. The idea is that the child(ren) should benefit from the salary increase immediately just as they would in an intact family. That idea doesnt work when say, the payor loses their job.

        Im about to learn how this is handled in court since my partners ex has asked for a recalculation as she didnt agree with the changes for the last three years.

        Beach, your daughters baby daddy has proven to be unreasonable, you may want to just go with tax info to spare the difficulty.


        • #5
          So update. We read through the 3 orders to ensure we covered all the different orders and it appears they all state June 1 as the date to exchange NOA and adjust CS and section 7

          So we are going with that date.

          Sent the NOA tax return info and hoping to get a return information.


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