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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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  #1  
Old 08-24-2021, 08:03 PM
gmcode gmcode is offline
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Exclamation Retroactive vs Ongoing Child Support

Hi all,

Please bear with me for a moment, just want to make it clear how it works.

If there is no existing order or agreement, when a court orders a retroactive, prospective child support or both, the court always looks at the payers current income, is this correct? While arrears are something have been ordered and need to pay regardless of payers income, am I right?

Thanks
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Old 08-24-2021, 08:07 PM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
Hi all,

Please bear with me for a moment, just want to make it clear how it works.

If there is no existing order or agreement, when a court orders a retroactive, prospective child support or both, the court always looks at the payers current income, is this correct? While arrears are something have been ordered and need to pay regardless of payers income, is it I right?

Thanks

A court would normally order up to three years retroactive support based on the income of each of the years.
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Old 08-24-2021, 08:17 PM
gmcode gmcode is offline
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Thanks rockscan, is my above statement correct?

BTW. I heard the law changed last year, it might go all the way back to beginning, and the custodial parent even doesn't need to have a notice of request for CS?
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Old 08-24-2021, 08:28 PM
Kinso Kinso is offline
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If known they would prefer to use your income at the time.

So if there are arrears for 2018, they’ll use your 2018 income.
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Old 08-24-2021, 08:52 PM
gmcode gmcode is offline
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thanks Kinso, what if there is no income in past years, or the income is lower than the $10,000?
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Old 08-24-2021, 09:00 PM
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Then it’s a question of reasonableness and imputation.
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Old 08-24-2021, 09:04 PM
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They won't order support based on asset, property, etc?
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Old 08-24-2021, 09:43 PM
rockscan rockscan is offline
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They won't order support based on asset, property, etc?

Not normally but they could impute your income if you say you had none but bought a house or car for a lot of money. Or if you got a mortgage the other side could ask for bank records to see if you had income.
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Old 08-24-2021, 10:08 PM
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how about the house or savings that has been already there prior to the case?
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Old 08-24-2021, 10:12 PM
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If you can prove you had it then no. If you reported income to secure a mortgage then you will have an income imputed.
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