Overpayment of Child Support
How many out here have had H file for change of parenting and child support and the case turn out in H favor reducing the support owed. Let's say the support was hypothetically cut in 1/2. Did the judge reduce it back from the day H had his petition filed?
I ask because we going to court in Sept for 50/50. Even if we do not get 50/50 we will get a reduction in CS. We live in TN and when H divorce it was based on the flat % rate and now TN is on income shares model so the attorney has assured us the support will get reduced regardless if time changes. We filed our petition over a year ago and just based on current time we have with SS now and BM unemployment/minimum wage and H income the support would go from $140 to $68 a week. So that is 1/2 what it was and that would be a few thousand dollars if the judge put it all the way back. I have heard in the county we are going in of this happening. I know if it did go all the way back to file date it would just be credited toward future payments which is great in my book.
What are ya'lls experiences.
- StepG's blog
- Log in or register to post comments
Comments
my genius DH
signed his divorce agreement during mediation and in his moment of brilliance he didn't notice (and his attorney didn't point it out) that under "alimony and child support" it states, "this agreement may not be modified" so basically when it comes to going back and trying to change it, he's screwed. Even if he were to quit being a doctor to start teaching at the medical school, he would be making WAY LESS but he would still have to pay snowshyte and exbeast the SAME amounts. oh I love the court system!! JOY! :sick:
The thing that impresses me most about America is the way parents obey their children. ~Edward, Duke of Windsor, Look, 5 March 1957
oh man...
I have never heard of that clause that they may not be modified. I am certain that wording is not in their papers and the lawyer has said nothing of it.
On one hand that clause sucks as what if your H became disabled but then on the other hand it could be awesome cause what if your H preformed a miracle in his Dr. career and made millions from it she could not touch it!!!
yes the system sucks!
It worked for us
We have 50/50, and DH lost his job last Nov. He immediately contacted his lawyer, as he had been paying 500 dollars + in CS. The court immediately stopped CS from DH. He did manage to find another job, but it pays 1/3 of his original job. BM agreed to recalculate the CS based on their incomes, but then refused to provide an up to date paystub. She handed over something 6 months old. DH approached her with a stipulation for her to pay a measly 88.00 a month in CS (based on her old paycheck). She refused and said "take me to court." The lawyers did the "official calculations" and literally an hour before our scheduled hearing she finally agreed to stipulate. The funny thing is that her stipulation that her lawyer drew up ended up having her pay more monthly CS to us than if she had signed the one that DH had wanted her to in the first place. Also, because she had dragged her feet (it took 4 months to get a hearing), she was also in arrears 4 months of CS (which she has to pay interest and late fees on.) So I guess the system does work once and a while!
"Just because I'm paranoid doesn't mean people aren't out to get me"
StepG~
There might be a slight possibility of this happening, but I wouldn't hold my breath on it.
From what I have seen/heard the overpayments rarely go retroactive. However if you owed more, of course they would! Just one more way to screw the fathers.
I will cross my fingers for you though, you might break the barrier!
FH filed in June to
FH filed in June to terminate his CS due to change in physical custody. The change was not thru the courts, just a verbal agreement FH and BM had made, and we had calendars and school records to prove that all three were with us, which was faxed over. BM contested it, saying that they would go back to her after the summer. They called FH and told him that BM contested, and he still had to pay. DCS supervisor reviewed case, found she had no valid reason to contest, and sent FH a letter stating his CS obligation has been terminated, back dated to the day he filed, and BM now has to pay almost $900/mth in CS. She was served by DCS. She did not disclose her income, so DCS factored in the average wage for her profession, which was almost half what she really made. Must have scared her, having to pay $900 for 2 kids, knowing that they completely miscalculated her income.
Anyway, they did back date to the day he filed, even though it was only a month and a half.
In our case BioDad actually ran from the Constable/Process
server and repeatedly actively avoided service of the subpoena to appear in court for an amendment of CS. The CSE office actually contacted my wife to help them estimate BioDad's income for the support calculation process. We researched his SSN, Journeyman Plumbing License # and the pay range for licensed plumbers in his County of residence, submitted copys of all of the information and the CSE office used that to establish his income for CS calculation purposes.
Due to his active avoidance the CSE office set the new CS level at <400% above the original level and made it effective on the original court date that BioDad missed.
When the wage with-holding of the new CS level started BioDad freaked and whinned his way back in to court for a review. The Judge reduced the new CS level down to ~300% above the originalbut made it effective back to the originale effective date set when the CSE office raised CS to <400% above the original level.
BioDad had to pay back CS on top of the new level. The court in BioDad's state can only recoup arrearages or overpayments at a rate of $50.00/month so it took more than a year for BioDad to make up the ~4months of back CS he owed.
I would be surprised if the courts can recoup above a minimal monthly amount in overpayed CS in your case so I would expect that your DH will see a slight reduction in his new CS amount until the overage is recouped.
Just my thoughts and experiences of course.
Good luck and best regards,
Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)