Ask Experts Questions for FREE Help !
Ask
    JLS011209's Avatar
    JLS011209 Posts: 4, Reputation: 1
    New Member
     
    #1

    May 29, 2012, 05:27 PM
    Pay back child support if in an agreement
    My husbands has been paying child support to his ex, but went to school, moved 6 states away, and has a better job now than he had before. He talked to her about court and she said she didn't want to do it again, and leave child support the same. He isn't behind on child support, and does send extra money monthly or bimonthly. He also sends clothes, toys, pays bills, has health insurance coverage for her, and me my husband and our son we had together fly back 6 states away for a week to see her, since she will not let us have her for summers. Although, he does have part custody. In a nutshell with these facts and we go back to court to fight to see her more, would we have to pay back child support since he ha a better paying job although she verbally told us to leave it the same?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 29, 2012, 05:35 PM
    Most states treat support and visitation as separate issues. So, if he files for visitation it will be treated separately. However, that doesn't mean the mother can't counter file for increased support. If she does the two issues will be separate. But if the formula for support show he is paying too little then its likely he will be ordered to pay more.
    JLS011209's Avatar
    JLS011209 Posts: 4, Reputation: 1
    New Member
     
    #3

    May 29, 2012, 06:15 PM
    Ok thanks! We are figuring she will up it an that's fine. Been trying to since he moved but she said she didn't want to go to court over that to leave it the same. My husband even called DCCS and asked them to just up it a few hundred dollars from his pay check an they said he couldn't without a court order. So will this mean she can get him for back child support from when he started his new job until currently even after she verbally agreed to the amount he is paying now?? Thanks so much!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    May 29, 2012, 06:26 PM
    No, its unlikely the court will order back support.
    JLS011209's Avatar
    JLS011209 Posts: 4, Reputation: 1
    New Member
     
    #5

    May 29, 2012, 06:40 PM
    Thanks so much!!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    May 29, 2012, 08:08 PM
    But a few states man, remember most orders say the court has to be notified if there is major changes in pay.

    And most support changes do not require the people to appear in court, here in GA, they just require proof of incomes and do it by set procedure.

    Gifts are not support, clothes, and other items and money are just that gifts.

    If he pays more, you show on the check the statement "additional or extra child support)

    But honestly he needs to take all of this though court.
    JLS011209's Avatar
    JLS011209 Posts: 4, Reputation: 1
    New Member
     
    #7

    May 29, 2012, 08:32 PM
    We live in Atlanta she lives in SD. We don't care to up it and have tried but she didn't want to go back to court just to up it. So we voluntarily sent money and gifts to compensate. Uping child support is more than fine. Just was unsure of paying back child support since she didn't want to go to court to up it since he now makes more money at his current job.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Never ordered to pay child support can you get back pay [ 9 Answers ]

I have a soon to be 13 year old daughter. Her father has only seen her maybe 5 times her whole life. He has never been court ordered to pay child support but we did have a paternity test done when she about 1 year old. But he wouldn't stay in one place or keep a job long enough to get a support...

Do I have to pay back child support if I give up my rights and the child is adopted? [ 3 Answers ]

Haven't seen my kid in years... her mom wants her husband to adopt her... if he does do I have to pay back child support?

Child collecting back pay from parent ssdi and child support [ 7 Answers ]

My dad is disabled and child support and disabilty have been taking money out of his ssd check every month for my sister and I, but being in foster care there has been no payee for either of these for the past several years. I'll be 18 this year and my dad told me I could collect the money that's...

Have to pay back child support? [ 6 Answers ]

I have read many entries in this forum and could not find my answer so need to ask now. If a prior order for child support has not been arranged, but there will be one in the future for a child who is 2, will the father end up having to pay support for from the time the child was born until now?...

Back child support and social security disability back pay [ 2 Answers ]

I live in Texas and I am making court ordered payments fro back child support for a non-minor child. I will be receiving social security disability soon and was wondering since I am making payments will my social security back pay be garnished?:confused:


View more questions Search