Assessing Arrears

[nlw32]

What is the name of your state (only U.S. law)? MD


I am the custodial parent of my 7 year old son. In September 2007, my son's mother filed to modify custody. I wasn't served until November and in December 2007 I filed my response to her motion and a counter-claim for an increase in child support. Here we are 2 years later and the case is still not settled. Our case keeps getting continued at the request of my ex and her attorney. We have already had 2 custody evaluations, both of which went in my favor. My ex keeps requesting that the evaluation be reopened for "new circumstances and evidence" which is why this process is taking so long. My last home visit is tomorrow and the third report will be finished in time for our trial on January 7th. At our last court date in September my ex's attorney agreed to a consent order to increase my child support pending further litigation. After court, my ex refused to move forward with the agreement so the order was never drafted.

My question is will my ex be assessed arrears based on the date that I filed back in December 2007? She is currently paying support based on her making $10/hr back in 2005. She didn't even bring pay stubs to court, but the judge took her word. She now makes over $50k/yr and our son has several medical issues that requires daily medication, speech and occupational therapy, private tutoring and he also sees a therapist. His medical expenses alone are over $700/month and with a 50k salary his mother only pays $350/month in CS.

According to the MD child support guidelines, I should be receiving a little over $800/month. So that's almost $11,000 that she should owe me in back child support. Do judges usually assess the full arrears on cases that take years to be resolved? Thanks.What is the name of your state (only U.S. law)?

 

[ldijizclueless]

What is the name of your state (only U.S. law)? MD


I am the custodial parent of my 7 year old son. In September 2007, my son's mother filed to modify custody. I wasn't served until November and in December 2007 I filed my response to her motion and a counter-claim for an increase in child support. Here we are 2 years later and the case is still not settled. Our case keeps getting continued at the request of my ex and her attorney.

What is your court's/state's rules on continuances? Are you required to be sought approval? You have every right to respond to those continuances and ask that they be denied. Especially now -- this shouldn't have been dragged on for this long.

We have already had 2 custody evaluations, both of which went in my favor. My ex keeps requesting that the evaluation be reopened for "new circumstances and evidence" which is why this process is taking so long

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And unless she is providing facts and/or evidence to support this, you should be motioning the court to have them dismissed and she assessed all costs, fees, etc. And if she keeps it up, you should file for sanctions against her for filing frivolous motions.

My question is will my ex be assessed arrears based on the date that I filed back in December 2007? She is currently paying support based on her making $10/hr back in 2005. She didn't even bring pay stubs to court, but the judge took her word.

Why didn't YOU put up a fight? Why did YOU let the Judge take her for her word? Is the child support modification directly tied to custody -- or was it filed separately (it sounds like it's tied to custody)

She now makes over $50k/yr and our son has several medical issues that requires daily medication, speech and occupational therapy, private tutoring and he also sees a therapist. His medical expenses alone are over $700/month and with a 50k salary his mother only pays $350/month in CS.

Then you should be filing a modification based on the needs of the child and if you can prove that she's making more that amount you claim. Plus, depending on language in a standing/current order, if either of you were required to report a significant change, you might be able to ask for "back support", per se, on that amount if she there was such language.

 

[nlw32]

What is your court's/state's rules on continuances? Are you required to be sought approval? You have every right to respond to those continuances and ask that they be denied. Especially now -- this shouldn't have been dragged on for this long.


Why didn't YOU put up a fight? Why did YOU let the Judge take her for her word? Is the child support modification directly tied to custody -- or was it filed separately (it sounds like it's tied to custody)


Then you should be filing a modification based on the needs of the child and if you can prove that she's making more that amount you claim. Plus, depending on language in a standing/current order, if either of you were required to report a significant change, you might be able to ask for "back support", per se, on that amount if she there was such language.

For the first report the evaluator spoke with my son's primary doctor, but not his specialists. My ex requested that the evaluation be expanded to include the specialists because of our son's complex medical issues and the judge used the exact words "for sake of appeal I will grant the plaintiff's request". After the second report my ex requested that our son's teachers be interviewed since he was repeating the first grade. The evaluator had reviewed school records, but hadn't actually spoken to the teachers. Also my ex's attorney stated that since I had moved, my new home needed to be inspected. At the time my attorney advised me to not object, because it would give my ex grounds for an appeal.

I guess the child support is tied to custody. She filed for custody and I filed a counter case for a modification in child support. When child support was established, it had taken almost a year to get that hearing. My attorney advised me that I could take the support based on $10/hr or I could continue to go without support and wait to come back when she had proof of her pay. And I did file for a mod based on the needs of the child. That is what I did back in 2007.