Financial Affidavit for Child Support

[MomTryin2Improv]

What is the name of your state? Colorado

A year ago my 3 year old daughter went to live with her father because I was having personal and financial problems. His lawyer drew up the paperwork for the modification to our parenting agreement, and included that both parties agreed that I would not have to pay child support because of my financial situation. A lot has happened since then, and we are now in the process of getting a new parenting agreement...I am now in a position to pay child support, but because of the disagreements we have had regarding the new parenting agreement my ex is telling me that his lawyer will be attempting to get back support from this previous year. Will a judge order that I pay back child support even though my ex agreed that I did not have to pay during that time?
Also, my ex is married and in the military. He is also telling me that his current wife makes more money than he does, but that will not be considered in determining the amount I will have to pay. Is this correct? He just returned from a tour in Iraq and also says that the courts will only know about his base pay, and that all of the extra money he makes will not make a difference. Is there any truth to that?

Thanks in advance for the input!

 

[bluidgirl]

I just want to say that I'm not a lawyer, but in my experience if he in the past agreed that you were not requred to pay child support and it was filed with the court then he cannot get back child support. On the flip side if you were ordered to pay child support and you guys drew up this agreement and it was never filed in court then you owe child support from the time that it was awarded via the courts. In this case the court did not approve the modification to child support and the only person that can offically modify child support is the court.

As far as his income being calculated. The only thing he can exlude from his pay is Basic Allowance for Substance (BAS). The base pay and the housing allowance must be used. I'm not sure if he has to include his additional money that he receiveid while he was there. But this is the breakdown of the items that he gets while he is there. He should have gotten Family Seperation Allowance at around 225.00 a month. He should have gotten Hostile Fire pay at around 275.00 per month. He should have gotten 3.50 a day for each day he was in contry. He was tax deferred while in country so that usually depending on rank equate to about 150.00 a month. You can use this website to get information about his pay. http://www.dod.mil/dfas/money/milpay/

Just a question? Why are you not trying to file for pri**** custody back? Seeing as he is in the military and must deploy your home would be a more stable environment for your child. Is your child staying with the Step parent, who has no rights to your child, while he is deployed? It's just something to think about. Now that you have are getting your life back together. Good Luck!

 

[nextwife]

I just want to say that I'm not a lawyer, but in my experience if he in the past agreed that you were not requred to pay child support and it was filed with the court then he cannot get back child support. On the flip side if you were ordered to pay child support and you guys drew up this agreement and it was never filed in court then you owe child support from the time that it was awarded via the courts. In this case the court did not approve the modification to child support and the only person that can offically modify child support is the court.

As far as his income being calculated. The only thing he can exlude from his pay is Basic Allowance for Substance (BAS). The base pay and the housing allowance must be used. I'm not sure if he has to include his additional money that he receiveid while he was there. But this is the breakdown of the items that he gets while he is there. He should have gotten Family Seperation Allowance at around 225.00 a month. He should have gotten Hostile Fire pay at around 275.00 per month. He should have gotten 3.50 a day for each day he was in contry. He was tax deferred while in country so that usually depending on rank equate to about 150.00 a month. You can use this website to get information about his pay. http://www.dod.mil/dfas/money/milpay/

Just a question? Why are you not trying to file for pri**** custody back? Seeing as he is in the military and must deploy your home would be a more stable environment for your child. Is your child staying with the Step parent, who has no rights to your child, while he is deployed? It's just something to think about. Now that you have are getting your life back together. Good Luck!

It sounds as thopugh he was, but is no longer deployed. If his pay has now dropped because his deployment is over, the court would likely take into consideration that next years income will be less for him than it was during deployment.

Also, his wife's income is indeed irrelevant. She has no legal obligation to support your child. Only your and his incomes will count. If there was no CO to pay support, support would only count from CO forward