View Single Post
Old 06-18-2021, 07:20 PM
Janus's Avatar
Janus Janus is offline
Senior Member
Join Date: Jul 2012
Posts: 2,656
Janus will become famous soon enoughJanus will become famous soon enough

Notice rockscan keeps asking if it is child support or spousal support.

A general rule of thumb is that if you screw up spousal support due to your own negligence, the courts are unlikely to save you. Especially if you had a lawyer during the time you screwed up, and where the paying spouse fully disclosed all financial details.

Child support though is the right of the child, and the child cannot be held responsible for parent screw ups. Correct child support is always owed to the child, even if the receiving parent was not on the ball.

That said, the courts also recognize that some amount of certainty is required. The paying parent has the right to arrange their financial affairs assuming that the CS amount is correct.

How does this all play out in practice?

A) If the paying parent was BAD (eg. did not disclose income increases despite requests from recipient parent) then the courts are willing to go very very far back to rectify the injustice.

B) If the paying parent was GOOD (disclosed income increases) but the recipient parent was BAD (didn't actually bother asking for an increase in CS) then the courts generally will go back to the time that the recipient parent first asked for the CS increase. They might go back even further than that, but to a maximum of about three years.

C) Paying parent can also be SORTA BAD (income went up but did not disclose) and recipient parent can be also SORTA BAD (did not ask for income disclosure). That is the one that is most commonly capped at 3 years.
Reply With Quote