Retroactive Changes to Child Support

[gooddadMaine]

After my divorce, I was laid off and was out of full time work for approx. 10 months. During that time I was unable to pay my total child support obligation. My ex-wife and I had a verbal agreement to forego the CS payments until I was re-employed, however within 2 weeks of being laid off she went to the DHS here in Maine and began a contempt of court action against me. During the time that I was laid off, one of my children lived with me. During this time, I did not know that I needed to file a Motion to Modify right away. Rather than go whining to the court to get relief, I believed my agreement with my ex wife was enough. Oh dopey me.
My understanding is that past due child support cannot be changed retroactively. This seems incredible given my circumstances. If any one out there knows of an exception to this "rule" please let me know.

 

[lovingmom]

After my divorce, I was laid off and was out of full time work for approx. 10 months. During that time I was unable to pay my total child support obligation. My ex-wife and I had a verbal agreement to forego the CS payments until I was re-employed, however within 2 weeks of being laid off she went to the DHS here in Maine and began a contempt of court action against me. During the time that I was laid off, one of my children lived with me. During this time, I did not know that I needed to file a Motion to Modify right away. Rather than go whining to the court to get relief, I believed my agreement with my ex wife was enough. Oh dopey me.
My understanding is that past due child support cannot be changed retroactively. This seems incredible given my circumstances. If any one out there knows of an exception to this "rule" please let me know. [/QUOTEmississippi--this is just advice form experience with the system)..i doubt youll be able to change past due arrears. if she filed 2 wks after you were laid-off why has this become knowledge to you now...everyday that goes by is important when dealing with the DHS. its not her fault. if shes on states assistance, she legally signs the rights of her dependants to the state when shes on assistance.

 

[nurse1969]

I will try to help you.

Dear Sir,
I will try to help with what I know.
I live in CT and child support issues are NOT retroactive here either. This can benefit you, the father, under certain circumstances. If you were to get a raise at work and make more money for several months or longer, you would never owe based on that higher rate of pay until a motion is filed by the mother for child support increase. The increase goes into effect ONLY from the date that the motion for increase is filed. So you do not owe based on months or years at a higher rate of pay...you would not have to pay that back. You would have to pay more based on your higher earnings only from the date that the motion for increase was filed by the mother. So that helps you a little bit.
However, I do not think that you will be able to have the state
excuse or dismiss past child support that you were legally obligated to pay in the past. I know, it is a nasty and mean system for men...I mean that sincerely. I feel that changes have to be made because men are being treated unfairly in so many cases. Yes, you should have notified the state immediately when you were laid off or began to have problems. You should have filed a modification for a dramatic decrease in your child support payments to the mom...covering your butt legally.
I realize that you know this but NEVER take the mother's word for it. Her verbal agreements mean nothing and you will end up suffering because you thought that you could take her word seriously. I am married to a man with a nasty ex-wife and these issues are personal for me. If something happens to you, if you get hurt and you find yourself in a hospital bed, make sure that you have someone who can act on your behalf legally as far as child support modifications are concerned....because you will owe whatever your legal child support obligations were during that time while you were lying there in a hospital bed. Isn't that sick??? If my husband gets hurt or seriously injured, I will call his attorney right away and find out what papers to file.
I am sorry if this wasn't much help or the help you were hoping for. Best wishes.