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Judge incorrectly calcualted child support.

HRZ

Senior Member
#16
It's not clear from your post if judge did not give you credit for your various $600 payments or judge used a higher pay rate than your true average ...or what...it's up to you to lay out the math crystal clear and simple ...don't assume the judge is a wiz at math . Also it's not clear if judge set your future obligation based on too high a pay rate

I am not a lawyer or up on MD steps ...you might be able to QUICKLY file a motion for reconsideration laying out the correct math as you see it in easy to follow format ....but you need to get the steps right ...and your odds of change are far better if you use paid counsel...
 


#17
It's not clear from your post if judge did not give you credit for your various $600 payments or judge used a higher pay rate than your true average ...or what...it's up to you to lay out the math crystal clear and simple ...don't assume the judge is a wiz at math . Also it's not clear if judge set your future obligation based on too high a pay rate

I am not a lawyer or up on MD steps ...you might be able to QUICKLY file a motion for reconsideration laying out the correct math as you see it in easy to follow format ....but you need to get the steps right ...and your odds of change are far better if you use paid counsel...
This whole thing is very confusing. I am in the process of getting a lawyer! Thanks
 

HRZ

Senior Member
#18
Maximum time window to file for reconsideration may be 30 days ...

IF you pay was higher earlier, judge might be right as to the back award
 
#19
Would that be the correct term? Reconsidering and not appealing? I am so lost with this whole thing. I made a huge mistake by not having a lawyer and don’t want to do it again...thanks
 

not2cleverRed

Obvious Observer
#21
It's not clear from your post if judge did not give you credit for your various $600 payments or judge used a higher pay rate than your true average ...or what...it's up to you to lay out the math crystal clear and simple ...don't assume the judge is a wiz at math . Also it's not clear if judge set your future obligation based on too high a pay rate

I am not a lawyer or up on MD steps ...you might be able to QUICKLY file a motion for reconsideration laying out the correct math as you see it in easy to follow format ....but you need to get the steps right ...and your odds of change are far better if you use paid counsel...
I disagree. It is very clear that the judge did not give OP credit for the various $600 payments. The judge's job in determining child support is to assess how much OP should be paying, based on the laws of OP's state, and determining what date the order for support should be backdated to - usually the date of filing. There are ways of getting the $600 payments credited toward the arrears, for example, if Mom acknowledges that those payments were for child support, and not a "gift".

I would agree with justalayman that OP's initial post was confusing, and I'm still confused. Is OP saying that the judge is using an average, based on ytd earnings, or that the judge mistakenly used several months of income as 1 payment cycle?

And why has the income decreased? If it's seasonal, then tax records would be better for a fairer assessment. If it's just the business slowly tanking, OP could have tried to show that was going on, otherwise the judge could assume that OP has taken a voluntary reduction in (documentable) pay.
 
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#22
I disagree. It is very clear that the judge did not give OP credit for the various $600 payments. The judge's job in determining child support is to assess how much OP should be paying, based on the laws of OP's state, and determining what date the order for support should be backdated to - usually the date of filing. There are ways of getting the $600 payments credited toward the arrears, for example, if Mom acknowledges that those payments were for child support, and not a "gift".

I would agree with justalayman that OP's initial post was confusing, and I'm still confused. When the judge used the ytd item of the pay stub, how many payment cycles were included in the total?
Sorry for the confusion in original post. Judge added an extra paycheck to the ytd. On your paycheck there’s a line item that says current pay and below that has current year to date. Judge added the current pay to the total amount of the current year to date. I wish I could post a picture.. there’s 23 pay cycles up to May 25th right? The current pay for weekly is $1302. $1302 *23 = $29, 946.00 The child support was calculated against $32, 550.

I get paid biweekly. So he took the $2604 as shown in the stub as current pay and add it to the $29, 946 as the current ytd.

The $600 was not credited and mom acted like she knew nothing about receiving that money.
 

stealth2

Under the Radar Member
#24
I would agree with justalayman that OP's initial post was confusing, and I'm still confused. Is OP saying that the judge is using an average, based on ytd earnings, or that the judge mistakenly used several months of income as 1 payment cycle?
As I understood it, the judge looked at the pay stub, and added to shown ytd amount and the amount of the pay period just received and called that the ytd.
 

not2cleverRed

Obvious Observer
#28
Sorry for the confusion in original post. Judge added an extra paycheck to the ytd. On your paycheck there’s a line item that says current pay and below that has current year to date. Judge added the current pay to the total amount of the current year to date. I wish I could post a picture.. there’s 23 pay cycles up to May 25th right? The current pay for weekly is $1302. $1302 *23 = $29, 946.00 The child support was calculated against $32, 550.

I get paid biweekly. So he took the $2604 as shown in the stub as current pay and add it to the $29, 946 as the current ytd.
I agree with the other posters. This would not result in a doubling of child support.


The $600 was not credited and mom acted like she knew nothing about receiving that money.
I am not surprised. This often happens.
 

HRZ

Senior Member
#30
Unfortunately if you failed to bring up the $600 you were voluntarily paying earlier and there was nothing said by mom either ...then the judge never could factor it in....and in some forums ..a voluntary payment is considered a gift...you may have lost that credit window...you can try to get it factored back in, would help if you have some paper trail / proof ...but don't bet the ranch on prevailing.