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Category: Family Law
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Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband and I just received (finally) a modification on

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My husband and I just received (finally) a modification on the child support he pays his ex-wife since we have temp. custody of one since last October. It was modified as of May 17, 2013 to 215.00. Since we've been paying her more all along we did the math and gave her a 15.00 check. Can she complain to the court for non support payment? It was adjusted, and we were paying her too much.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Were you paying her the amount ordered by the court, up until May 17, 2013 when this was modified? Where did the $15 check come from? I know you said you did the math but are you trying to retroactively offset the amount paid?
Customer: replied 1 year ago.

We were paying her 255.00 So if the amount adjusted to 215.00 as of May 17, 2013 and we just got this adjustment in the mail on Thursday, we were over paying her. My husband did the math of overpaying and it came out to be we paid her 15.00

Expert:  FamilyAnswer replied 1 year ago.
Thank you for the additional information. The new amount which you are required to pay, would take effect once it was ordered and signed by the Judge. It does seem odd that it took over a month to obtain the decision of the Judge and the modification of the court but you can always make an argument that absent any language contrary, that it would be effective once signed. I am sure she is not happy getting the adjusted amount but she would have to take him back to court, if she thinks she is entitled to a different amount. She can certainly complaint to the court but she is going to have a hard time getting more money, when 1) the order was in effect last month and 2) she does not even have the child. It is not a situation where she is incurring an additional cost. Based upon what you stated above, you currently have the child, which was the basis for the modification. As such, the Judge may not be so inclined to award her any additional money above what was court ordered.

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Customer: replied 1 year ago.

The adjustment is because she has two that live with her and we have one. She is now working, but never brought that paperwork in. So, the judge adjusted it. Also, this is in NH and the judge 100% favors the mother. So, if she does get a court date for this 15.00 check, I hope the judge sees our point as well. It wasn't to screw the mother over, clearly an adjustment.


 


5 weeks @ 255.00 = 1275


5 weeks @ 215.00 = 1075


 


1075


-


1275 (that we already paid)


______


-200.00


 


This is how we came to give her the check.

Expert:  FamilyAnswer replied 1 year ago.
I think your strongest argument is going to be when the order was signed and took effect. Had it been mailed out sooner, you would only have had to pay the modified amount, which was $215, instead of the $255. Why there was a month delay is very odd, unless it was just sitting on the Judges desk, waiting to be mailed out by his judicial assistant. If so, you should not be prejudiced by it. If the mother does not want to try and work this out or resolve it by understanding, then she would have to take your husband back to court and explain to the Judge why she is entitled to the amount of $255, when the order was previously signed and in effect.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15966
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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