Retroactive Child Support?

[Steph_a_knee]

What is the name of your state? Missouri


Thank you to everybody that helped with the questions on my boyfriends child support reduction. He filed the paperwork and got it reduced to a more affordable amount.

I have another question now. He filed the original paperwork in August and it got put off for a while, the judge couldn't make it, then the ex's lawyer double booked his schedule. It took them 4 months to get it to the hearing.

Can we file another paper to ask that they backdate the child support modification to the time that he originally filed the paperwork?

Would it be another hearing all together or just another motion on the original motion?

 

[VeronicaGia]

Usually a child support order is back dated to the date of filing.

Does he have the judges signed order yet?

 

[Steph_a_knee]

The original motion did not request retroactive child support because we assumed that we would get a speedy hearing. We didn't know that it would drag out for months.

He has the signed judgement. The judge signed it the last week in December and it says the new amount is XX dollars to commence Jan, 2003.

Can we file a motion to get the child support retroactive to the date the original motion was filed?

 

[VeronicaGia]

Not likely since the judgement has been signed. He should have asked for it to be back dated to the date of filing. I'm kind of surprised it wasn't back dated, but I guess they only do that when they increase it, that way they create a hardship on the obligor and get more federal funds.

Where's MG when we need her?

 

[Steph_a_knee]

It was just basically a hope, since we had tried for so many months to get it reduced. The ex's lawyer post poned, the judge post poned, something just kept happening. If we were able to get it retroactive to the date it was filed, it would put a serious dent in the arrears.

 

[suzielynn]

I have a friend who got his support reduced and got retroactive, however, it works differently than an increase in support. They told him that he has to get it from his ex because any reduction in what he pays now is not in the best interest of the child. So, basically, he will never see it.

At least y'all get to start out the new year not feeling too overwhelmed!!

Good job!

 

[Rldunc]

It's only retroactive when you ask for it. I fought this and lost. My ex asked for retroactive to when she filed for reduction after our son turned 18. I found cases that said support stays the same til hearing, but the judge reduced it back to the filing date.

 

[fried eggs]

I'm afraid RLDunk is correct.

It should have been requested in the original petition.

Whenever you are dealing with the goverment, assume things will work either much quicker or much slower than you want them too.