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?
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?