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Retro date is incorrect. What do I do?

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thegoodguy

Junior Member
What is the name of your state?What is the name of your state? California

I am the custodial parent. My ex-wife pays child support for our son.
I had requested a review of the case in Jan 2004. Because she had disobeyed court orders, and not provided her address to the courts or me, it took them a few months to serve her.

When we finally got to court in Sept 2004, they made the child support increase retro to June 1, 2004. I felt this was wrong, becuase she was being rewarded for not providing her new address when she was supposed to, but they said that was the way the law was.

She then requested I pay half of her travel expenses for visitotion. It's about 60 miles each way. The judge ok'd this, and made it retro to May 1, 2004!

Now, how can that be retro to May, and the child support only to June? If she responded with this request in May, then shouldn't the child support also go back to May? How do I get them to correct this?

And can she really charge me 37 cents a mile? At that price, I'm buying all of her gas for the entire month, even at CA gas prices. This of course takes a big chunk (about 1/3) out of what she pays me for child support.

And how soon do I have to pay this? If I'm disputing the start date or travel distances, can I hold off paying her? Should I send her a letter stating this?

I am going to start sending him to her on public transit, and suggest she do the same. If she refuses, what can I do? Am I forced to pay almost $100 a month to her for gas, or would she be on her own, if she decides to drive rather than use public transit. Our son is 13 1/2, and can take a train directly from our place to hers.
 


thegoodguy

Junior Member
I moved, and then she also moved, even further away. And sometimes comes from her work, which is even further (and is charging me mileage from there).
I don't mind paying a reasonable amount, as long as I don't have to drive with my bad back, but this is a ridiculous amount, and someone must have made a mistake with these retro dates.
Public transit is about $6.00 each way, and only takes about 30 minutes more, at the most.
 

abstract99

Senior Member
No offense here but the fact that you moved first is what is causing you to have to pay for all of the transportation. Mom can move to timbucktuu now and it won't matter. You were the one to first create the distance and that is more than likely why they ruled against you. You should have apposed her move when she made it. You can send the child to moms in any way that will not endanger the child. She does not have to do the same. She might consider it if you provide her with aa already paid for transit card though.
 

abstract99

Senior Member
I did the math on the milage thing and it does seem a bit steap. I would look into what the law says on the matter. You are paying her 37 dollars for every 100 miles she drives. A tank of gas should cost around 37 dollars and she should be able to go at least 200 miles on that one tank of gas.
 

thegoodguy

Junior Member
newguyhere said:
No offense here but the fact that you moved first is what is causing you to have to pay for all of the transportation. Mom can move to timbucktuu now and it won't matter. You were the one to first create the distance and that is more than likely why they ruled against you. You should have apposed her move when she made it. You can send the child to moms in any way that will not endanger the child. She does not have to do the same. She might consider it if you provide her with aa already paid for transit card though.
Well, that's not really accurate. I moved about 35-40 miles away, yes. But at that time we each had one child, and every other weekend, one of us was making this trip twice.

Then she moved even further away, and now our daughter (who was with her) is over 18.

Oh, and I'm paying HALF the costs, although, at that rate, I'm keeping her car filled with gas all month long.

I'm not really disputing the distance, or having to pay half the travel costs.
I am disputing the retro dates, because there is clearly an error there, and I am disputing the 37 cents per mile charge. On top of that, she added in half of what she pays for the toll. The judge never mentioned that, and I would certainly think that the 37 cents per mile includes all associated costs.

If I send him on the train, then I feel am fulfilling my obligation to cover half of the transportation costs. If she chooses to drive instead, she can pay for that. I'm not going to pay for both ways on the train, though. I don't have to. She is responsible for half of the transportation. If she argues about the train idea, she is obviously just out for the money. I would think she'd like those wasted travel hours back every other weekend.
 
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LdiJ

Senior Member
thegoodguy said:
Well, that's not really accurate. I moved about 35-40 miles away, yes. But at that time we each had one child, and every other weekend, one of us was making this trip twice.

Then she moved even further away, and now our daughter (who was with her) is over 18.

Oh, and I'm paying HALF the costs, although, at that rate, I'm keeping her car filled with gas all month long.

I'm not really disputing the distance, or having to pay half the travel costs.
I am disputing the retro dates, because there is clearly an error there, and I am disputing the 37 cents per mile charge. On top of that, she added in half of what she pays for the toll. The judge never mentioned that, and I would certainly think that the 37 cents per mile includes all associated costs.
I doubt that the judge would agree with the 37 cents per mile. However if the judge did happen to agree...then yes, that would include ALL costs, including tolls.

She is using the IRS figure for business miles. The IRS also has a 14 cent figure that is used for personal miles in relation to some deductible expenses.
That would be a more appropriate figure for your case if mileage were to be calculated. I think you are going to have to take this one back to court.
 

thegoodguy

Junior Member
I think the judge mentioned that she could use the IRS rate. I was wondering if this 37 cents was that. 14 cents per mile is much more accurate.

Back to court we go. That's even farther for her - glad I don't have to pay her mileage for that.

Thank you.

Anyone got any ideas on this May/June retro thing?
They told me the child support increase retro to June was probably because that's when they were finally able to serve her. But apparently not, if she was able to respond with her travel expense request in May. Sound like an oversight by the judge, no?
 

abstract99

Senior Member
thegoodguy said:
I think the judge mentioned that she could use the IRS rate. I was wondering if this 37 cents was that. 14 cents per mile is much more accurate.

Back to court we go. That's even farther for her - glad I don't have to pay her mileage for that.

Thank you.

Anyone got any ideas on this May/June retro thing?
They told me the child support increase retro to June was probably because that's when they were finally able to serve her. But apparently not, if she was able to respond with her travel expense request in May. Sound like an oversight by the judge, no?

Might have just been a mistake in the filing of the paperwork. Check it out but don't get too hopeful.
 

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