Background info:
My husband has always paid CS amount that is less than table but paid 50-100% for activties/clothing/ect.. that should have been included in CS amount as well as had her 40% of the time majority of the months over the past 5 years. Access was only less than 40% when mother withheld access. There was never a court order they just worked things out the way it was best for them both.
Child showed interest in moving in with father which promoted mother to serve my husband with documents going for full custody as well as table amount. In the documents she accuses him of underpaying support and not paying for any extras. She never asked him for more money prior to serving him with the documents.
My husband immediately begain to pay table amount but would not agree to her having full custody.
He paid to have her served with a minutes of settlment that was extremely fair, she was unagreeable on all issues and would not offer a counter offer.
At the case conference the judge pointed out to the mother that they had made it work for over 9 years (broke up when child was 3.5 and she is now 13) and she should probably come to an agreement as she wouldn't like the decision if he was to make it.
The case conference was Jan 2011, last contact with her lawyer was March 2011 where he stated he was going to do a motion for CS. We never heard anything and we were not able to get in touch with her lawyer since.
We were served with notice of dismissal docs from the court NOV 2 which stated his ex had 60 days to do something. If my math is correct they had to had something submitted to the court by Jan 1.
We received an email today from her lawyer with a ridiculouse offer asking for over 16,000 back support, this was just an email on letterhead, it was not an official court form.
Here are my questions:
1 Since they will have missed the deadline stated on the dismissal does this mean the entire process starts again, meaning she needs to fill out an applicaiton and they need to attend a mediation and a case conference before they can submit a motion?
2 It is my understanding that back support can only go as far back (or generally only goes as far back) as the application date? Is this correct? If not how far back can they go? If so, and they do need to submit a few application due to the dismissal date would that be the new application date that they would use? I guess that doesn't really matter as he paid table as soon as he was served with the original application but I am just curious.
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My husband has always paid CS amount that is less than table but paid 50-100% for activties/clothing/ect.. that should have been included in CS amount as well as had her 40% of the time majority of the months over the past 5 years. Access was only less than 40% when mother withheld access. There was never a court order they just worked things out the way it was best for them both.
Child showed interest in moving in with father which promoted mother to serve my husband with documents going for full custody as well as table amount. In the documents she accuses him of underpaying support and not paying for any extras. She never asked him for more money prior to serving him with the documents.
My husband immediately begain to pay table amount but would not agree to her having full custody.
He paid to have her served with a minutes of settlment that was extremely fair, she was unagreeable on all issues and would not offer a counter offer.
At the case conference the judge pointed out to the mother that they had made it work for over 9 years (broke up when child was 3.5 and she is now 13) and she should probably come to an agreement as she wouldn't like the decision if he was to make it.
The case conference was Jan 2011, last contact with her lawyer was March 2011 where he stated he was going to do a motion for CS. We never heard anything and we were not able to get in touch with her lawyer since.
We were served with notice of dismissal docs from the court NOV 2 which stated his ex had 60 days to do something. If my math is correct they had to had something submitted to the court by Jan 1.
We received an email today from her lawyer with a ridiculouse offer asking for over 16,000 back support, this was just an email on letterhead, it was not an official court form.
Here are my questions:
1 Since they will have missed the deadline stated on the dismissal does this mean the entire process starts again, meaning she needs to fill out an applicaiton and they need to attend a mediation and a case conference before they can submit a motion?
2 It is my understanding that back support can only go as far back (or generally only goes as far back) as the application date? Is this correct? If not how far back can they go? If so, and they do need to submit a few application due to the dismissal date would that be the new application date that they would use? I guess that doesn't really matter as he paid table as soon as he was served with the original application but I am just curious.
I
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