[kjoslin]

I have been married for almost 10 years, separated for the past 9 months. Until November of 2008, my husband has supported our family of five. Now he is unemployed and has been collecting unemployment. I have become employed, but it is not near enough to support a family. With the unemployment that he receives he is ordered to pay $186/month. While he was still employed and I was not, he was ordered to pay $2,995/month. Based on the fact that now I am employed, once he becomes employed again, is there any back support that he will owe, and because I make $27,000/yr and he will be making $65,000-$70,000/yr, plus bonus', what can I expect financially?

[JudyKayTee]

Without going into a big, lengthy explanation - your "ex" owes child support as ordered by the Court until ANOTHER order supersedes the first one.

For example, he's ordered to pay $100 a week. He goes to Court, that gets reduced to $50 a week due to unemployment. It does NOT "automatically" go back to the $100 level without another Court Order.

I realize that means the person RECEIVING the support has to keep tabs on the person PAYING the support.

So if he is paying in accordance with the Court Order, if that is your question, he owes you only the amount most recently ordered, including if he is in arrears.

If there is NO "replacement" Court Order, then he owes you in whatever amount is in the latest Order, whether he's unemployed or not.

[stinawords]

Did or is he not paying the money ordered? If he isn't paying as ordered (which means the $186) then that money goes into arrears. However, the modification for him to pay $186 does not mean that the difference between what he was ordered prior to being unemployed and what he is ordered now will be in arrears. The newest order is the order that stands. Once he goes back to work you will have to go back to court again for another new order to be issued. The court will use the same formula as before and another new amount will be established.