How long does a case remain "open"; can present income be used to calc PAST due supp?

[DGFLORIDA]

How long does a case remain "open"; can present income be used to calc PAST due supp?

What is the name of your state? FLORIDA


The case is as follows: The custodial parent initiated (at no cost to either party, thru the child support court) and was awarded child support for three children in June 2006. A month later the oldest child (feeling very upset about the order), went to live with the non-custodial parent, after which the non-custodial parent hired a lawyer and contested the order (December 2006) and payments were "put on hold" until the next court hearing (which is still to happen). The oldest child reached majority July 2007, while still living with the non-custodial parent. Since then the non-custodial parent has issued a motion for recovering legal costs (!!) (May 07) but has not set any court dates or any other action/motions or any further communication.

The questions are: 1. What are the factors which can keep this case "open" (what counts as "activity" on the case), and how long before it "expires", (if neither parent does anything further). Does is "expire" automatically or must one of the parties file a motion for it to be "closed".

2. If income increases (or decreases) after a child has reached majority, and the support issue for the child is still pending, which income is used for calculation, present income or what it was during the period when there was a support liability? How does the court establish which year's (period's) income to use in cases that dates back one or two (or more) years?

Thank you to anyone who answers.What is the name of your state?

 

[Gracie3787]

What is the name of your state? FLORIDA


The case is as follows: The custodial parent initiated (at no cost to either party, thru the child support court) and was awarded child support for three children in June 2006. A month later the oldest child (feeling very upset about the order), went to live with the non-custodial parent, after which the non-custodial parent hired a lawyer and contested the order (December 2006) and payments were "put on hold" until the next court hearing (which is still to happen). The oldest child reached majority July 2007, while still living with the non-custodial parent. Since then the non-custodial parent has issued a motion for recovering legal costs (!!) (May 07) but has not set any court dates or any other action/motions or any further communication.

The questions are: 1. What are the factors which can keep this case "open" (what counts as "activity" on the case), and how long before it "expires", (if neither parent does anything further). Does is "expire" automatically or must one of the parties file a motion for it to be "closed".

2. If income increases (or decreases) after a child has reached majority, and the support issue for the child is still pending, which income is used for calculation, present income or what it was during the period when there was a support liability? How does the court establish which year's (period's) income to use in cases that dates back one or two (or more) years?

Thank you to anyone who answers.What is the name of your state?

Are you saying that at one point there was a petition or motion filed, but a court date was never set?
If so, how long ago was the filing? Usually a pending petition/motion will stay in the file for a year or a little longer and a hearing can be set, but the Judge will want to know exactly why nothing was done before. Other than that, a "case" isn't closed until a court issues an order closing it.

The statutes state that any retro support ordered must be ordered using the guidelines that were in effect for the retro time period. The statute is silent as to income, but it's safe to assume that the income during that period would also be used, even if it's higher now.

 

[DGFLORIDA]

follow up post

Thanks for the reply Gracie. The motion for fees was filed in May 07, and we have had no correspondence since, and nothing has been done to set a court date. My attorney advised me to "keep a low profile", to do nothing and wait and see if my ex will stop pursuing the matter, but I don't feel comfortable with the situation the way it is.

 

[seniorjudge]

Thanks for the reply Gracie. The motion for fees was filed in May 07, and we have had no correspondence since, and nothing has been done to set a court date. My attorney advised me to "keep a low profile", to do nothing and wait and see if my ex will stop pursuing the matter, but I don't feel comfortable with the situation the way it is.

You st*r sh*t, you get st*nk.

Listen to your lawyer.