Can I retroactively restore an "Abated" Child Support Order

[EnigmaticOne]

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

Hi All! I am trying to right a long over due wrong... to help pay for college. My child's non-custodial parent (NCP) several years ago asked for Full Time Custody "for the summer" to try it out.. and then asked to extend it a bit longer... and then took me to court to abate the Child Support order. Shortly after the ink was dry on the Abatement Order my child was back home with me (Thank you, Lord) full time and has not ever been back with the NCP full or half time since. My child was with NCP for roughly 5 months total. I did not go back and restore the order to protect my child from being hurt and manipulated even further.

Is it possible to go back and retroactively reinstate the Child Support from the time my child was back home until graduation? If so what steps do I need to do... orwhat proof do I need and what are my points for arguing/proving my case?

I'm nervous to post too much publicly but I'll answer more precise questions privately, if that is needed.

 

[Zigner]

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

Hi All! I am trying to right a long over due wrong... to help pay for college. My child's non-custodial parent (NCP) several years ago asked for Full Time Custody "for the summer" to try it out.. and then asked to extend it a bit longer... and then took me to court to abate the Child Support order. Shortly after the ink was dry on the Abatement Order my child was back home with me (Thank you, Lord) full time and has not ever been back with the NCP full or half time since. My child was with NCP for roughly 5 months total. I did not go back and restore the order to protect my child from being hurt and manipulated even further.

Is it possible to go back and retroactively reinstate the Child Support from the time my child was back home until graduation? If so what steps do I need to do... orwhat proof do I need and what are my points for arguing/proving my case?

I'm nervous to post too much publicly but I'll answer more precise questions privately, if that is needed.

No - you should have been on this from the beginning.

 

[stealth2]

Any CS moifications will be retroactive AT MOST back to filing. You should have acted sooner.

 

[CTU]

Retroactive (beyond date of filing, at least) mods go against public policy just about everywhere, and for good reason.

Your mutual child will have to suffer your "over due wrong".

 

[EnigmaticOne]

Any CS moifications will be retroactive AT MOST back to filing. You should have acted sooner.

Which Filing? the original Order or the one where it became "abated" What is the time limit on this? The judge said when my child was back home I could come back and reinstate the original order. What am I missing?

 

[Zigner]

Which Filing? the original Order or the one where it became "abated" What is the time limit on this? The judge said when my child was back home I could come back and reinstate the original order. What am I missing?

You're missing that you DIDN'T go back and reinstate the order. You will only be able to reinstate it moving forward from the date you request it.

 

[EnigmaticOne]

No - you should have been on this from the beginning.

Your comment is not helpful..... You should not assume I didn't try.... and you don't know the circumstances... Threats, Harassment and Legally kidnapping your child will keep most Mothers inline.... especially when they don't have the money to fight them and the NCP does... and the NCP had repeatedly used "Shared Parental Rights" to take and keep my child with NO WAY to legally get him back other than play nice... and while I tried for 11 years to get the NCP served to modify the orders.... before finally giving up when in the end he took me to court to get the order abated as described above.... the NCP dodged service and moved often or stayed with girlfriends...

But thanks for your concern.

I am asking if there is a way or what are the grounds to reinstate the abated order. If so... what do I need to accomplish this? If there is not why would the Judge tell me I could?

If you have any other unhelpful comments please go post them somewhere else.

 

[EnigmaticOne]

Retroactive (beyond date of filing, at least) mods go against public policy just about everywhere, and for good reason.

Your mutual child will have to suffer your "over due wrong".

He won't suffer... I have always done the job of BOTH Parents.. I was trying to make is easier for him to get his Law degree.... A good Parent sacrifices ON BEHALF of the Child.... Not causes them to suffer.

 

[Zigner]

I am asking if there is a way or what are the grounds to reinstate the abated order. If so... what do I need to accomplish this? If there is not why would the Judge tell me I could?

Your original question was whether or not you could retroactively reinstate the order. The answer is no. Now your question is simply if you can reinstate the order, and the answer is yes.

I really don't understand your hostility when given the correct answer. I wasn't even mean to you. The simple fact of the matter is that you haven't gone in to reinstate the order - that's what YOU said. When you go in to reinstate it, it should be reinstated as of that date.

I don't think I ever stated or even implied that you didn't try to do it, I simply repeated what you already said...that you had never done it.




Yeesh



ETA: Upon re-reading your post, it appears the child may be over the age of 18 and graduated from high school. The judge may choose not to reinstate the order if that's the case.

 

[CTU]

Your original question was whether or not you could retroactively reinstate the order. The answer is no. Now your question is simply if you can reinstate the order, and the answer is yes.

I really don't understand your hostility when given the correct answer. I wasn't even mean to you. The simple fact of the matter is that you haven't gone in to reinstate the order - that's what YOU said. When you go in to reinstate it, it should be reinstated as of that date.

I don't think I ever stated or even implied that you didn't try to do it, I simply repeated what you already said...that you had never done it.




Yeesh



ETA: Upon re-reading your post, it appears the child may be over the age of 18 and graduated from high school. The judge may choose not to reinstate the order if that's the case.

I was going to say, "Yeesh ... I don't know what her problem is ... ", but that would, in retrospect, be inaccurate.

Her problem is obvious. She's not being told what she wants to hear. Our bad.

 

[CTU]

He won't suffer... I have always done the job of BOTH Parents.. I was trying to make is easier for him to get his Law degree.... A good Parent sacrifices ON BEHALF of the Child.... Not causes them to suffer.

Q4P.

 

[LdiJ]

Your comment is not helpful..... You should not assume I didn't try.... and you don't know the circumstances... Threats, Harassment and Legally kidnapping your child will keep most Mothers inline.... especially when they don't have the money to fight them and the NCP does... and the NCP had repeatedly used "Shared Parental Rights" to take and keep my child with NO WAY to legally get him back other than play nice... and while I tried for 11 years to get the NCP served to modify the orders.... before finally giving up when in the end he took me to court to get the order abated as described above.... the NCP dodged service and moved often or stayed with girlfriends...

But thanks for your concern.

I am asking if there is a way or what are the grounds to reinstate the abated order. If so... what do I need to accomplish this? If there is not why would the Judge tell me I could?

If you have any other unhelpful comments please go post them somewhere else.

The judge told you that you could, because you could have done it while your child was still in high school/still a minor...and it would have only been for going forward from the date that you filed to reinstate it, not for any time period prior to that.

Since you never did that, and since your child is now aged out of child support, its too late.

 

[Silverplum]

Misdirected and pointless hostility will get you nowhere.

Run along, now.

 

[EnigmaticOne]

I'm just scared to not do it right....

Your original question was whether or not you could retroactively reinstate the order. The answer is no. Now your question is simply if you can reinstate the order, and the answer is yes.

I really don't understand your hostility when given the correct answer. I wasn't even mean to you. The simple fact of the matter is that you haven't gone in to reinstate the order - that's what YOU said. When you go in to reinstate it, it should be reinstated as of that date.

I don't think I ever stated or even implied that you didn't try to do it, I simply repeated what you already said...that you had never done it.




Yeesh

You said I "should have been on if from the beginning." that reads as if I didn't try. Please don't read it as hostility more like frustration because you gave me an answer with no answer... and I'm really nervous to be doing this by myself.

If I was unclear in my question, it would have been more helpful to ask me to clarify.

I'm scared because he has always found sneaky law loopholes and used them against me.. (see other response) and don't want to lose my shot at getting this corrected. And I'm nervous to put a lot of identifying information on the web... but I have filed a modification. He just got served... and he's livid and already had his girlfriend call me and tell to to prepare myself for a fight. (WTH) so I'm trying to determine anything and everything I need to prove our case. I think the parts are clear... I asked to recalculate the wrongly calculated arrears (they are 1/3 of what was ordered) and (retroactively) reinstate the child support that was abated if it's possible. Even though it was several years ago that he came back home.. so I don't know if it can be done. I cannot seem to find a defined time limit or requirements in FL. The Judge just said when my child comes home come back to court.

Also I just turned on Private Messaging.. I didn't realize it was off. I just need help getting clear on where I can and should focus my efforts... I believe I have the legal basis for both parts but I'm not a lawyer.. but usually a pretty good researcher.

 

[Zigner]

You said I "should have been on if from the beginning." that reads as if I didn't try. Please don't read it as hostility more like frustration because you gave me an answer with no answer... and I'm really nervous to be doing this by myself.

If I was unclear in my question, it would have been more helpful to ask me to clarify.

I'm scared because he has always found sneaky law loopholes and used them against me.. (see other response) and don't want to lose my shot at getting this corrected. And I'm nervous to put a lot of identifying information on the web... but I have filed a modification. He just got served... and he's livid and already had his girlfriend call me and tell to to prepare myself for a fight. (WTH) so I'm trying to determine anything and everything I need to prove our case. I think the parts are clear... I asked to recalculate the wrongly calculated arrears (they are 1/3 of what was ordered) and (retroactively) reinstate the child support that was abated if it's possible. Even though it was several years ago that he came back home.. so I don't know if it can be done. I cannot seem to find a defined time limit or requirements in FL. The Judge just said when my child comes home come back to court.

Also I just turned on Private Messaging.. I didn't realize it was off. I just need help getting clear on where I can and should focus my efforts... I believe I have the legal basis for both parts but I'm not a lawyer.. but usually a pretty good researcher.

Your inaction (yes, inaction) on this has likely doomed you insofar as this is concerned. In fact, if your ex really is smart, he'll request that you pay his legal fees for responding to your frivolous motion.