Child support is retroactive to the time that you request the child support by filing your petition unless there is an order with the Department of Social Services prior to that. This information should help you:
In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court's decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.
So, there were orders in place for you to pay support and then you got custody and requested child support? Is that correct? Then you missed the court date and they dismissed your petition? Let me know if that is correct. I will do a little research to see if there is anything that you can do. Without finding a loophole, it would be retroactive to the date you re-file.
What I would suggest you do is file a Motion to Reinstate the Case on the Docket. You have a limited time frame, so hurry. It will basically state:
1. This case was dismissed by an order signed on ______.
2. The act or omission resulting in dismissal was not intentional or the result of conscious indifference but was due to an accident or mistake, in that ______.
If applicable: 3. Neither ______ nor [name] received mailed or actual notice of the Order of Dismissal within twenty days after the signing of the order, but, rather, notice of the Order of Dismissal was received on ______, ______ days after the signing of the order, in the following manner: ______.
4. Attached to this motion is the affidavit of ______ showing [he/she] received neither actual nor mailed notice of the signing of the Order of Dismissal within twenty days after the signing of the order.
Oooh, I don't think so. I don't think you can have two cases pending at the same time involving the same parties and child...plus they should both have the same cause number.
Has it been more than 20 days since the first case was dismissed? If not, you could consider non-suiting your new petition and filing the motion. Kinda risky since the reinstatement is not guaranteed, but in our county it is usually granted if it was just an error. I don't know what the filing fee is, so you will need to take that into consideration.
If it has been more than 20 days since your original case was dismissed, you will not want to non-suit your new petition. I don't think the child support can be retroactive beyond the date you filed and requested it. With that said, if you act on the new petition, you will still want to request the support retroactive to when the child began living with you. If there is any way the court can order it, they will. Plus, you may reach an agreement with your ex to go back to January even if the court can't order it.
Well, first, the clerks probably do not know what you can legally do. Second, they can not give you any sort of advice. If they told you the case was dismissed, all they can tell you is that they need to refile. The summons is because you had a hearing set where your ex and his attorney appeared and you did not. You can explain to the Judge yourr mistake. The summons might have been at the request of opposing counsel, or it might just been the procedure in that county. In any event, you will need to explain your mistake to the Judge.
Good luck in your case.
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