joekelly1973
Junior Member
What is the name of your state? New York
I have been paying child support for my 13-year-old son since he was born. There was a court order issued that stated that I pay $100/week (17% of my gross salary). I pay DIRECTLY to his mother via weekly checks. Over the years, we have gradually increased the amount (mutually agreed). I now pay $200/week.
My relationship with the mother has recently soured because she recently learned that the $200/week I now pay is really about ~12% of my gross salary. She is threatening to sue me for all the back child support over the last 13 years!
QUESTIONS:
1. Although I have "technically" adhered to the original court order ($100/week), can she go after all those back payments? She never filed a request to increase payments (we always mutually agreed on an appropriate increase). However, my payments have been less than 17% of my gross (ranging between 10-17% over the last 13 years).
2. Also, I have been OK about keeping bank statements and cancelled checks, but I may not have accounted for EVERY week. If she takes me to court, do I have to show proof of payment for EVERY week over the last 13 years? Can she sue me for the weeks in which I do not have proof?
I have been paying child support for my 13-year-old son since he was born. There was a court order issued that stated that I pay $100/week (17% of my gross salary). I pay DIRECTLY to his mother via weekly checks. Over the years, we have gradually increased the amount (mutually agreed). I now pay $200/week.
My relationship with the mother has recently soured because she recently learned that the $200/week I now pay is really about ~12% of my gross salary. She is threatening to sue me for all the back child support over the last 13 years!
QUESTIONS:
1. Although I have "technically" adhered to the original court order ($100/week), can she go after all those back payments? She never filed a request to increase payments (we always mutually agreed on an appropriate increase). However, my payments have been less than 17% of my gross (ranging between 10-17% over the last 13 years).
2. Also, I have been OK about keeping bank statements and cancelled checks, but I may not have accounted for EVERY week. If she takes me to court, do I have to show proof of payment for EVERY week over the last 13 years? Can she sue me for the weeks in which I do not have proof?