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determining amount of back pay

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josejr

Guest
What is the name of your state? colorado. married in june 95 separated in november 96 marriage dissolution was in july 98 although i was in the military she dissappeared and never requested support, now in sep 2002 she shows up wanting backpay dated june 95 until current. the child support enforcement worker informed me that the family support registry could not locate me, this is the same system i was already in having support taken out of my checks for my other two children, isn't there any rights that i have? she took off and now that her marriage has gone bad she wants me to pay back support for all the years she made herself dissappear. the social worker has only given me ten days to find any information proving support but the bank we had doesn't keep records past five years and the only proof i have that we were together is a few old photos, while she has the social worker believing that we never spent a day together during our marriage. help
 


kat1963

Senior Member
Okay, this is a little complicated. What did your divorce order say about child support? Was there a seperation agreement? What evidence does the support worker have that there was ever a court order for child support or that she filed from way back when? If there wasn't, then you'll probably only be ordered to pay from the date she just recently filed...but of course that will also be up to the judge. The most they can take out of your pay per Federal law is 50-55% (total, for both orders) or 60-65% if you are in arrears. You'll want to go to www.childsupportguidelines.com to find out what your obligation might be. In addition, research some case law about your situation.
I wish I had more information for you. Remember that the support worker is only concerned with getting money for her, nothing else. If you have problems, demand that it be taken before the judge.
Good Luck!
KAT
 

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