Another arrears question, and vacating question

[ZmansGirl09]

What is the name of your state (only U.S. law)? New Mexico, USA


We had a custody evaluation in October 2009. Our divorce hearing was Nov 6, when the divorce became final. We finalized the custody on Dec 9, 2009.

I was told on December 9, which is when child support amount was agreed upon, that I am now in arrears because I've owed child support since date of divorce, which was Nov 6. It was my understanding that we'd agreed to vacate child support until the results of the custody evaluation, which again, we signed and filed Dec 9. While I don't yet know if it is true or not that I suddenly owe as of Nov 6, I am wanting to know if this is indeed due immediately, as custodial parent wants. I am prepared to begin paying in January, which is what I expected.

My lawyer also told me that child support is "automatically" vacated if children are with me for visitation for 4 weeks or more -- but has yet to provide proof in writing. Where do I go to find out information on this, since he has become substantially less then helpful? I'll pay it if I'm supposed to, but if I don't have to for that month... yeah.What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? New Mexico, USA


We had a custody evaluation in October 2009. Our divorce hearing was Nov 6, when the divorce became final. We finalized the custody on Dec 9, 2009.

I was told on December 9, which is when child support amount was agreed upon, that I am now in arrears because I've owed child support since date of divorce, which was Nov 6. It was my understanding that we'd agreed to vacate child support until the results of the custody evaluation, which again, we signed and filed Dec 9. While I don't yet know if it is true or not that I suddenly owe as of Nov 6, I am wanting to know if this is indeed due immediately, as custodial parent wants. I am prepared to begin paying in January, which is what I expected.

My lawyer also told me that child support is "automatically" vacated if children are with me for visitation for 4 weeks or more -- but has yet to provide proof in writing. Where do I go to find out information on this, since he has become substantially less then helpful? I'll pay it if I'm supposed to, but if I don't have to for that month... yeah.What is the name of your state (only U.S. law)?

You really need to speak with a different attorney - there is NO instance in which child support is "automatically" vacated. And that's not how child support works anyway. You are responsible to pay CS from the date it's ordered - not necessarily the date of your divorce.

 

[LdiJ]

You really need to speak with a different attorney - there is NO instance in which child support is "automatically" vacated. And that's not how child support works anyway. You are responsible to pay CS from the date it's ordered - not necessarily the date of your divorce.

Which still wouldn't allow him to wait to start paying until January.

 

[goddessoflubboc]

The latest the child support would start being due is December 9, and you could find yourself with arrears right away based on the actual start date.

Most parents who make regular cs payments do so through wage withholding. Your monthly obligation is multiplied by 12 then divided by the number of times you get paid a year. Unless you get paid once a month, there's a little twist.

Most months you won't actually pay the "full" monthly obligations. You get caught up during the two months a year with an extra pay.

However, cs agencies report your balance to the CRA's as of the end of every month. This leaves you looking like a chronic late-payer. For someone who cares about their FICO, this is a hassle.

 

[ZmansGirl09]

Wow, so I got screwed over big time, huh.... With no recourse.

Thank you all for the info.