Modification

[uhfin04]

What is the name of your state (only U.S. law)? Denise, NY
I filed a court order against my exhusband for non payment of child support. In turn my ex filed for a modification due to being unemployed for years. The judge would not rule on our case she said she needs to read through our entire agreement before making a ruling. My papers state "under no circumstances shall the CS obligation fall below $425 / month" A few paragraphs later the papers state that either party can return to court for a modification. Judge stated those two paragraphs contradicte each other and therefore could not make a ruling on the back support or modification before reading the entire document. I thought a modification would effect any CS going forward not going back 3 years. Ex owes over $6K in back CS. Anyone have the same experience? Doesn't a modification effect any CS on a go forward basis?

 

[not2cleverRed]

Well, if the ex is currently supposed to pay less than or equal to $425/month,
then the judge has a point about there being a contradiction... Since you can't modify downward from the bottom.

And yes, one cannot modify backward... But sometimes judges like to look at the whole picture before making a ruling, I suspect. Because the ex owes back support, it is possible for the judge to award a money judgement for the amount of the arrears. With interest.

 

[mistoffolees]

It's already in the judge's hands, so there's not much good that any advice from here will do.

However, the way it SHOULD work is:
- Any modification should only be retroactive to the date of filing for modification. The years of arrears should stay in place
- The clause that 'under no circumstances will support go below $425' is unenforceable. What if he dies, for example? That clause should never have been there and the judge should probably simply ignore that clause and leave the rest in effect.

 

[BL]

Was the original order an agreement between the two of you entered into an order ?

Usually a modification , if awarded takes effect from the date of filing as was said .

Sometimes though a lawyer or the Judge can pull a rabbit or two out out of the hat and the Judge award some relief on arrears.

BTW you petitioned , not ordered .

A Judge orders.