support underpayment

[veb]

My support was order at $X.xx BI-WEEKLY, 5 years ago. However, my ex and her lawyer requested that the support be paid monthly, by the 1st of the month-no problem. Except, that when I figured the monthly payment I figured there were 4 wks in a month (the state figures 4.3 wks/mo) thereby underpaying her approximately the amount of one support payment per year. The thing is until recently when it was pointed out to her, we both assumed that what I was paying her was correct (literally an honest mistake that she, too made). She even stated on various petitions that the (incorrect) monthly amount was the amount ordered by the court. She cashed every check for the last 5 years. But now, since someone pointed out a discrepency, she is taking me back to court for a Violation of Support Order. Any recourse here?

 

[smh33]

If she has documented knowledge of amount question in past and not pursued, why now? Must be some reason for the sudden pursuit.
Sit down, do your math. Read your support order...what does it state.....obligation is $x a month to be paid bi weekly? Obligation is $x bi weekly? $x is yrly obligation paid bi wkly? Most worksheets calculate obligation/child's cost monthly.

1. $ monthly,paid bi wkly...........x mthly oblg. by 12 to get year total.......does equal what you pay in 1 year

2.$ bi weekly......52 wks div by 2.....then x by $ amount ordered =yearly.............compare with what you pay

3.$ yrly,paid bi wkly........does your support a mth x 12 = order

Should give you idea of your position.

If you are underpaying...all you can do is start paying correctly and contest owing arrearages showing she was aware and not problem...cross fingers