Retro Child Support

[ryak]

The court ordered me to pay child support beginning last month. I am current on my payments. I just received a "Notice to Withhold Income for Support" which includes 12% interest for the retroactive support just ordered. Can I file an objection with the court for this garnishiment? If not, can I pay off the retro in a lump sum? And, if I do the payoff, will I have to file a motion for another modification? Thanks!

Denver, Colorado

[moburkes]

The court ordered me to pay child support beginning last month. I am current on my payments. I just received a "Notice to Withhold Income for Support" which includes 12% interest for the retroactive support just ordered. Can I file an objection with the court for this garnishiment? If not, can I pay off the retro in a lump sum? And, if I do the payoff, will I have to file a motion for another modification? Thanks!

Denver, Colorado

You received an order. You were also told that you have to pay back support? And, they'd like to take this back support from your check? There is nothing to object to. You owe the back support, and will pay interest on the unpaid portion. Yes, you can pay it in a lump sum to avoid additional interest.

[Gracie3787]

The court ordered me to pay child support beginning last month. I am current on my payments. I just received a "Notice to Withhold Income for Support" which includes 12% interest for the retroactive support just ordered. Can I file an objection with the court for this garnishiment? If not, can I pay off the retro in a lump sum? And, if I do the payoff, will I have to file a motion for another modification? Thanks!

Denver, Colorado

Is your case being enforced thru the state CSE agency? If it is, you can pay the retro in a lump sum, provide them with proof of payment and request that they re-issue a corrected notice to withold.

The 2 things to keep in mind are that:
1- the garnishment has already begun and it takes several weeks (possibly months) for the CSE agency to change the garnishments, so be prepared to overpay. If that does happen, you'll need to speak to your CSE caseworker about reimbursement of overpayments.
2- You'll still have to pay whatever amount of interest has already been incurred, usually the court clerk can give you the exact amount needed for payoff of retro.

[neweuser]

The court ordered me to pay child support beginning last month. I am current on my payments. I just received a "Notice to Withhold Income for Support" which includes 12% interest for the retroactive support just ordered. Can I file an objection with the court for this garnishiment? If not, can I pay off the retro in a lump sum? And, if I do the payoff, will I have to file a motion for another modification? Thanks!

Denver, Colorado

You can file for an appeal, but would most likely be declined unless you have good reason or provide proof that this has already been paid in some manner. What is the retro for? For time that custody has been in place?
Also, you may have a number to call to pay the retro in a lump some as well. I suggest to call because they may have a procedure to do so. If you just send a payment, it may be credited, but not credited properly....if that makes sense.

Hope this helps