What is the name of your state? ID
Long story short (sort of), my ex agreed in mediation to let me move with my 3 kids to another city in the same state. In the agreement, I had the kids about 60% of the time, he would continue with the 40% he was already seeing them. I agreed to pay for transportation and he agreed to pay $150 a month to help with expenses. (with my new job, we make roughly the same salary – I’m about 2K a year more so his child support could have been MUCH higher than $150 but I really didn’t need the extra to support my kids and felt it was best not to put further strain on his finances). I moved before he signed the agreement (I know, that was stupid!) and two weeks after I moved my ex refused to sign the agreement and filed a motion to block my move. By the time we got through court, the kids were already in school and the judge issued an INTERIM order granting my ex residential custody during this school year. Now my ex’s lawyer has "requested" child support but has not filed a motion for it. The judge did not order child support in the interim order, I pay 90% of transportation costs for visitation, which I am aware is discretionary. The “request” asks that I pay back support beginning Aug. 1, 2005.
What I’m wondering is, since the judge did not already ordered it, wouldn’t he have to file a motion for child support? It was my lawyer’s assumption that the judge didn’t order support because he put the bulk of the transportation burden on me. And if he does file a motion, and it is successful, won’t they use the date the motion is filed as the date that support begins?
Long story short (sort of), my ex agreed in mediation to let me move with my 3 kids to another city in the same state. In the agreement, I had the kids about 60% of the time, he would continue with the 40% he was already seeing them. I agreed to pay for transportation and he agreed to pay $150 a month to help with expenses. (with my new job, we make roughly the same salary – I’m about 2K a year more so his child support could have been MUCH higher than $150 but I really didn’t need the extra to support my kids and felt it was best not to put further strain on his finances). I moved before he signed the agreement (I know, that was stupid!) and two weeks after I moved my ex refused to sign the agreement and filed a motion to block my move. By the time we got through court, the kids were already in school and the judge issued an INTERIM order granting my ex residential custody during this school year. Now my ex’s lawyer has "requested" child support but has not filed a motion for it. The judge did not order child support in the interim order, I pay 90% of transportation costs for visitation, which I am aware is discretionary. The “request” asks that I pay back support beginning Aug. 1, 2005.
What I’m wondering is, since the judge did not already ordered it, wouldn’t he have to file a motion for child support? It was my lawyer’s assumption that the judge didn’t order support because he put the bulk of the transportation burden on me. And if he does file a motion, and it is successful, won’t they use the date the motion is filed as the date that support begins?
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