Child Support question

Discussion in 'Too Hot for Swamp Gas' started by brainstorm, Aug 28, 2013.

  1. brainstorm
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    brainstorm VIP Member

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    Hypothetical situation.

    Husband and wife divorce. They have 3 kids and they live with their mother. The mother has a job but the husband is on unemployment. The court orders him to pay the mother a nominal amount for child support. Let's say $50 per month.

    At some point, the husband lands a job and it pays him a lot more money. Let's say $75K. If the divorce agreement was amended at that point the child support would go up significantly. Let's say it would be $1,000 per month.

    The ex-wife has no resources to file a case with the court for an amended child support amount. However, 1 year after the husband has landed his new job she gets a bonus from work that is sufficient to allow her to file for an amendment.

    The question - can she go back and ask for the amount that WOULD have been awarded from the point the husband landed his new job? Or would the husband dodge the bullet and only have to pay what was in the original agreement?
  2. g8orbill
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    g8orbill Gators VIP Member

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  3. brainstorm
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    brainstorm VIP Member

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    So the husband is smart in not disclosing a significant amount of resource and letting the mother carry the entire financial burden?
  4. GT Gator
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    GT Gator Well-Known Member

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    Smart? Or uncaring about the ultimate welfare and wellbeing of his children?
  5. tegator80
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    tegator80 Well-Known Member

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    I have to believe (although I am not a lawyer) that her counsel could petition the court to recognize 1) the previous income that he was making and that 2) the income during the divorce was a temporary thing (as opposed to permanent disability) and have the amount reconsidered.

    At the heart of it, it isn't supposed to keep the ex-wife in silk but to provide for the kids. And a better financed dad should be expected to pay more if conditions change suddenly and radically. Now if the lawyer types here say that the time to bring these things up was at the divorce proceedings then she may have had poor counsel.
  6. PSGator66
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    PSGator66 Well-Known Member

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    She can have it modified I believe once every three years if your income situation changes. I had mine modified at one point.
    Last edited: Aug 28, 2013
  7. brainstorm
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    brainstorm VIP Member

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    Financially smart.

    Morally bankrupt.
  8. HallGator
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    HallGator Administrator VIP Member

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    Would agree!
  9. MichiGator2002
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    MichiGator2002 VIP Member

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    There are legal safeguards against such tomfoolery; generally, willful underemployment or unemployment will not avail a deadbeat.
  10. DowntownGator
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    DowntownGator Well-Known Member

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    Yes. It's called retroactive child support and may be assessed for up to two years prior to filing. Filing for a modification of child support only costs $50.

    But Ex-wife could probably use the government funded Child Support Enforcement Agency too for filing a modification ... for free. DOR attorneys take forever though.
  11. PSGator66
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    PSGator66 Well-Known Member

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    If the woman takes her case to the DOR here in Florida they will also hit you up for arrears even if you were paying but have no reciepts or records going all the way back to day 1.
  12. gatorman_07732
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    gatorman_07732 Well-Known Member

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    I would tend to think with the right lawyer his a$$ would be in a sling for retroactive child support.
  13. Lawdog88
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    Lawdog88 Well-Known Member

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    That's what I remember, DT.

    (Admitting that I forgot what I once knew, but you reminded me.) :laugh:
  14. uftaipan
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    uftaipan Well-Known Member

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    Oh, yeah, because there are, like, control measures to ensure that child support actually goes to the children and in no way serves to supplement the lifestyle of the former spouse, right? :roll:
  15. dadx4
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    dadx4 Well-Known Member

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    No kidding.
  16. brainstorm
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    brainstorm VIP Member

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    I am finding out that isn't the case. You can go back three years and only for the original amount awarded. So, the father get's a huge financial break by concealing his large salary increase from the mother.

    God help her if she doesn't have the money to file yet earns too much to qualify for a CSEA lawyer.

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