[hunnzer]

OK, I have more than one case with child support, and I have no trouble with paying but it seems the more I try to keep them fair and correct the worse the problem gets, my first order was through a divorce and the amount was set. Well when the second order was being calculated we where sent to a mediator, the mediator told me the fact that I was already paying had nothing to do with this case so they calculated my full income not taking in the deduction of child support. When I argued I was told this was a fair deal and if I went in front of the judge he would raise it, so I went along. We over the years even though I'm paying I'm still going in arrears and even though one case is emancipated by some four years, I am still paying, no one seems to notice they have put a debt on me I can't pay and the more I try to correct it the worse it gets, the last time they raised one of the active accounts. How do I get out of this never ending cycle.

[cdad]

First off your going to need to know the laws of the states you are dealing with. There should have been some credit given to the first child. How many children are we talking about at the current time and also why are you still paying on the one that got emancipated ?

[s_cianci]

well when the second order was being calculated we where sent to a mediator, the mediator told me the fact that I was already paying had nothing to do with this case so they calculated my full income not taking in the deduction of child support.

I find this hard to believe. Even in my state, NJ, which is probably one of the worst states for child-support payers ( they don't call it the "Greedy State" for nothing lol), previous child support orders, if any, are taken into account as the law recognizes your responsibility to support all f your kids equally, to the extent that your means permit. The mediator should have applied the same formulas and guidelines that a judge would have applied in arriving at a child support amount.

When I argued I was told this was a fair deal and if I went in front of the judge he would raise it, so I went along.

But that's just the point. The whole idea of mediation is to save time and expense on the parts of both the litigants and the court. Once a mediator's decision has been agreed to, it becomes binding and is quickly translated into a court order, even if you never actually appeared before a judge. If you don't agree with a mediator's findings, the next logical step is to take it before a judge, without signing or agreeing to anything in the meantime. However, if you did "agree" to the mediator's findings and sign the order, then I don't believe you can re-file and go before a judge on the mere grounds of remorse after the fact. You can consult with a local lawyer who's experienced in family law matters but I think you've already "sealed the deal", so to speak.

[ScottGem]

Basically you let yourself be bluffed and intimidated into agreeing to something you didn't have to. That's why its advisable to have a lawyer represent you. A lawyer will know the law and the attitudes of the judges.

That mediator should have been reported.

So, now you really need to hire an attorney to get your support order modified. You may even be able to recoup the overpayment on the emancipated child.