basscatcher
Junior Member
What is the name of your state (only U.S. law)? MN
Divorce was finalized in 2005 and child support was "reserved" for calculation by the county. The ex never went to the county for determination but rather we were able to agree on an amount that seemed fair. So I've been paying a support amount for the last 4 years even though not ordered to. We are now going through a rather heated parenting time battle (court date in 1 week) and the ex is threatening to try to collect child support in arrears. Her logic is that if she would have gone to the county, I would have had to pay more. My lawyer tells me that she doesn't have a very strong argument, and I trust him. After re-reading our original decree I "discovered" last night that the support order was reserved (I guess I never really read it that close before). I take that to mean that I didn't have to pay anything, even though I did. My question is what could possibly happen with the "excess" that I paid? I serioulsy doubt that I would get any kind of refund, but would any of that amount count against future obligation? For the record, I am not trying to get out of what I legally/morally owe. But I also don't want to get bullied into paying more than I should/need to.
Thanks!
Divorce was finalized in 2005 and child support was "reserved" for calculation by the county. The ex never went to the county for determination but rather we were able to agree on an amount that seemed fair. So I've been paying a support amount for the last 4 years even though not ordered to. We are now going through a rather heated parenting time battle (court date in 1 week) and the ex is threatening to try to collect child support in arrears. Her logic is that if she would have gone to the county, I would have had to pay more. My lawyer tells me that she doesn't have a very strong argument, and I trust him. After re-reading our original decree I "discovered" last night that the support order was reserved (I guess I never really read it that close before). I take that to mean that I didn't have to pay anything, even though I did. My question is what could possibly happen with the "excess" that I paid? I serioulsy doubt that I would get any kind of refund, but would any of that amount count against future obligation? For the record, I am not trying to get out of what I legally/morally owe. But I also don't want to get bullied into paying more than I should/need to.
Thanks!