How to amend a Motion filed for CS

[Nurturing2]

What is the name of your state (only U.S. law)? AZ

Here goes, me and my ex-wife agreed that neither one of us would pay any child support to each other since we share 50-50 custody of our son. So her atty filed the paperwork and I signed it back in May at the 11th hour before a CS hearing. Well while on vacation this past week 6/16/11 her atty filed a motion for this to be ordered, however, we agreed to this arrangement on 5/3/2011, but the motion reads retroactive back to 9/1/2010. This is not right, how do I rebuttal the motion. I do not have an atty at this time. Any help would be appreiated and how long do I have to get this amendment in?

I thought about calling CS IV-D person and ask her...Any thoughts.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? AZ

Here goes, me and my ex-wife agreed that neither one of us would pay any child support to each other since we share 50-50 custody of our son. So her atty filed the paperwork and I signed it back in May at the 11th hour before a CS hearing. Well while on vacation this past week 6/16/11 her atty filed a motion for this to be ordered, however, we agreed to this arrangement on 5/3/2011, but the motion reads retroactive back to 9/1/2010. This is not right, how do I rebuttal the motion. I do not have an atty at this time. Any help would be appreiated and how long do I have to get this amendment in?

I thought about calling CS IV-D person and ask her...Any thoughts.What is the name of your state (only U.S. law)?

What is the problem with the motion being retroactive to 9/1/2010?

 

[CJane]

You signed in May, but when was the original motion FILED? Because CS orders - even orders to NOT pay support - are usually retroactive to the date of filing or service.

 

[Nurturing2]

The problem is, I believe is the Stipulation was signed on 5/3/2011 with CS so my concern is her atty is back dating to September 1, 2010 meaning I would owe her the money she paid me from September 1, 2010 to the present? Am I misunderstanding?

 

[Nurturing2]

Here is the exact paragraph from the Motion -- The parties agree that effective September 1, 2010, neither party shall pay child support to the other as theparties earn substantially equal incomes and share an equal parenting time schedule. So would this not mean any monies she paid from September 1, 2010 I will have to pay back?

 

[LillianX]

Was there a court order for her to pay you anything? If there wasn't, then you don't have to pay anything back. Any money exchanged was considered a gift... not child support.

 

[Nurturing2]

Yes there was an order..This is why I am concerned and need to amend, right? Not sure the length of time I have to do it in. Also, I just received this notice yesterday because her atty sent it to my old address when they have my new one..

 

[jamestrd]

u wont have to pay it back

 

[CJane]

When. Was. The. Modification. Filed?

It matters or I wouldn't have asked.