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Child Support ( sorry if this is a repeat)

stepmomof3's picture
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I will try to make this as simple as possible:

My husband has three children from previous marriage. All of whom live with their Mother. They share joint-custody. But he is non-custodial and she is custodial.

Last year his daughter wanted to come live with us. Long story short, we went to court, and she came to live with us. Child support was decreased for two reasons at that point. 1. My husband has a new dependant, our daughter. 2. Step-daughter came to live with us.

After one year, step-daughter wanted to go back with her Mom. This was end of July. At that time, my husband discussed with BM that he was making considerably less money than he was when CS was set that year prior. So if she wanted to have CS re-evaluated she may want to wait, because it may lower it instead of increase it for her.

Early September we hear from our attorney that she (BM) is requesting a recalculation of CS. My Husband gets his last 3 paystubs to his attorney as requested within 1-2 days. We go another 2 months before hearing back from BM's attorney. At that time we are told the new calculated CS and that BM wants retroactive support paid to her in that new amount back to when she took my SD back (late July). How is this fair? BM waited almost 1 1/2 months to request a recalculation and then she & her attorney dragged their feet for another 2 months.

Other question. We had our daughterin 5/2006. At that time we knew that child support could be adjusted for my husband since he has a new dependant. He didn't want to do that because we were able to pay the other amount just fine at that time. It was finally recalculated in 10(?)/07 to include his new dependant. 15 months after her birth. NOW>>>> if BM can get the child support from end of July through now retroactive is it possible for us to have retroactive credit of some sort for the child support we were over paying?

I realize there is quite a time difference. But not that much. And she knew, just like we knew that adjustments could be made, but chose to wait.

We are currently now dragging our feet, in disgust over the retroactive garbage. I know what her goal is, she wants to get our tax return frozen like she did last year. Thhs CS is nothing to her. She makes nearly $30,000 more per year than we do together.

Thanks for any responses.

B

smurfy1smile's picture

One can go back up to 2 years for support at least that is true in Minnesota.

stepmomof3's picture

Do you know if this goes both ways. Both for the Custodial parent, receiving and for the Non-Custodial paying?

SM#1's picture

CS had nothing to do with additional dependents for us. Our attorney said the only way our kids made a difference is if we had 6 more kids. Than CS would go down. We pay twiceas much for SD in CS, daycare, and medical fees than it takes to raise our BS2. It is really bad when the state makes you pay someone to care for their own child.