How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34147
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Socrateaser ONLY pls: HI there! I hope this note finds you

Resolved Question:

Socrateaser ONLY pls: HI there! I hope this note finds you cool & well. I took my 16 yr old daughter on vacation to a friends house for three weeks to get her away from girls who were a bad influence on her. My ex husband agreed to exchange time that I took her during his allotted time as we share 50/50. Now we are back and he is refusing to take her for the time that I had her and is refusing to pay me the additional child support. What can I do. He ALWAYS says one thing then renigs
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.

Hello again,

Child support cannot be made retroactive prior to the date of the filing of the motion or order to show cause to modify the child support order.. Family Code 3653(a). So, you would have to file a request for modification order immediately, because as each day passes, you cannot enforce a new support order for any day that has passed prior to the date that you file the modification request.

You can visit the Superior Court and contact the family court facilitator, who can walk you through filling out and filing the forms to modify. But, don't delay, or you will be SOL.

Hope this helps.

Customer: replied 1 year ago.

This just happened last week. We were out of town July 3- July 24 then she stayed with me for the balance of the week then went to church camp returning today.

 

If this FC was the law, then why would anyone pay child support when retroactive CS is not collectable. Am I missing something?

 

We had verbal and text/email messages agreeing that he would take my daughter so that the number of days we had her were equal. There isn't anything less harsh then going to court that may convince him to take her. I have 16 clients from russia here for two weeks Aug 12-25. She has to share my room and is added pressure I don't need now...

Expert:  socrateaser replied 1 year ago.

If this FC was the law, then why would anyone pay child support when retroactive CS is not collectible. Am I missing something?

 

A: Modification of an existing order cannot be made retroactive to the date of filing of the request to modify. Collection of unpaid arrears on a preexisting order is not retroactive support, because the order is already in place. So, if a parent doesn't pay on an existing order, the unpaid amounts are fully collectible.

 

The point of the law is so that a parent cannot wait several years and then suddenly come back and ask the court to give them a huge retroactive modification order for support that they could have received had they filed for a modification several years prior. If a parent wants a modification of support, then he/she must request it as soon as it becomes apparent that there has been a change in circumstances affecting the child's best interests.

We had verbal and text/email messages agreeing that he would take my daughter so that the number of days we had her were equal. There isn't anything less harsh then going to court that may convince him to take her. I have 16 clients from russia here for two weeks Aug 12-25. She has to share my room and is added pressure I don't need now...

 

You could file a motion for contempt, to force your ex to take the child. But, as a practical matter it could take several months to get a hearing date, and proving contempt of a custody order is extremely difficult -- so, it's really not a viable option.

 

Your best bet is to tell the other parent that if he refuses to exercise custody, you will file for a custody and support modification, and thereby increase his support obligation going forward. If he doesn't cave in, then you must file before the 16th, because even if the hearing is several months from now, you can get retroactive support from the date you file, and forward from their -- but not before.

 

Please don't shoot the messenger. This is simply how the law is written (and by the way -- it's federal law: 42 U.S.C. 666(a)(9)).

 

Hope this helps.

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34147
Experience: Retired (mostly)
socrateaser and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney