Arrears in modification

[lapflounder]

Hello..

I am a father of one child.

My child's mother is filing a child support motion that would increase my child support based on my current income. My income has increased about 1 year ago and once she files the motion I will be paying a more in child support.

My question is: Is she capable of collecting back payments for the difference, during that 1 year of unreported increased income? (approx. 300+ per month difference)

Any thoughts would be appreciated.

Thanks!

 

[LdiJ]

Hello..

I am a father of one child.

My child's mother is filing a child support motion that would increase my child support based on my current income. My income has increased about 1 year ago and once she files the motion I will be paying a more in child support.

My question is: Is she capable of collecting back payments for the difference, during that 1 year of unreported increased income? (approx. 300+ per month difference)

Any thoughts would be appreciated.

Thanks!

No, but frequently child support increases will be backdated to the date when the modification was first filed. Therefore its not unusual to end up with a few months of arrearages.

 

[lapflounder]

Arrears

Thanks for your response.

A

 

[stealth2]

Were you required to report the increase?

 

[garrula lingua]

Hello..

I am a father of one child.

My child's mother is filing a child support motion that would increase my child support based on my current income. My income has increased about 1 year ago and once she files the motion I will be paying a more in child support.

My question is: Is she capable of collecting back payments for the difference, during that 1 year of unreported increased income? (approx. 300+ per month difference)

Any thoughts would be appreciated.

Thanks!

The answer depends on WHAT STATE you live.

 

[lapflounder]

Increase

My state is in NV. I don't think i was required to do so.. the courts never asked only but every few years when they sent out papers to both me and the mother about reporting our income for the sake of adjusting child support. I believe this is strictly voluntary. Neither me or the mother filed.

 

[mistoffolees]

My state is in NV. I don't think i was required to do so.. the courts never asked only but every few years when they sent out papers to both me and the mother about reporting our income for the sake of adjusting child support. I believe this is strictly voluntary. Neither me or the mother filed.

It doesn't matter if YOU think the papers were voluntary. What do the papers say? Do they state that you're required to fill them out and return them?

 

[lapflounder]

Well.. every 3 years, either of the parents have the option to file for a modification in child support. The papers are sent out by the DA to inform the parents of this option to do so.. Hence why I assumed it was voluntary. (I believe this is a common procedure in most states)

"Reviewing Nevada Child Support Laws
Child support enforcement staff will review a child support order at least every three years at the request of either parent. In addition, one or both parents can request a review at any time if there has been a significant change in the financial status of either parent or in the custody of the child. For instance, if the non-custodial parent loses his or her job, or if the child no longer resides with the custodial parent, a review of the child support order may be necessary.

In order to have a child support order reviewed, you must contact your local child support enforcement office to request a modification of the child support order and then cooperate in the review process by providing the requested financial and visitation information."

Source: http://www.child-support-laws-state-by-state.com/nevada-child-support.html