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I am paying $1655 a month in child support. In addition I was…

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I am paying $1655 a...
I am paying $1655 a month in child support. In addition I was ordered to pay $61000 in retroactive child support. However, I want to appeal that retroactive amount because back in 2003 I was ordered to pay $260 a month but when my daughter's mom disappear with her to an unknown address, I stopped paying child support following my attorney's advice. The court based the retroactive amount based on the new order to pay $1655, howver I think the retroactive amount should be based on the previous order of $260 even if by the end of 2004 I had graduated from schol and was making more money. Am I right? should the retroactive amount be based on the $260 a month I was ordered to pay back in 2003?
Submitted: 8 years ago.Category: Legal
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6/27/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
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Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - I agree. Until the court changed the amount to $1655 the child support should be $260 whether paid or not. Therefore the arrearage should be calculated on the rate that was in effect during that period. I have no idea how anyone could base the support on any other figure since had you been paying you would have paid the $260 and there certainly would be no arrearage once the rate changed.

 

Obviously I can only offer my opinion and can't help you directly from this website. The support at the new rate should only be calculated from the date the new rate went into effect or no earlier than a motion was filed to raise it to that amount. You definitely need to file an appeal.

 

Dave Kennett

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
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Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Customer reply replied 8 years ago
I have 6 year old child with my ex-wife. In 2005 after our divorce, my ex-wife took my daughter for a vacation in the urkaine and kept her there for 3 years even if I had custody of her. I took her to the US in 2009 and she stayed with me for one year until my ex-wife file a petition under the Hague convention for the return of my daughter to Ukraine claiming ukraine as her habitual residence. Now my daughter is back in the Ukraine and I have no way of seing her or have any rights. Can her Florida lawyer file for child support for her in Florida even if the Florida Family court no longer have juridiction of my daughter since she is now in Ukraine? I certainly don't want to pay child support under those circumstances.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

I understand. Child support is and can be enforced from another country so he can file. You can oppose the action but visitation and child support are separate actions so you would need to get the court to order visitation which is going to be tough considering the distance involved. It's hard to believe that you were not able to stop the move out of the country since you would not have been forced to sign for a passport.

 

In any event you can be ordered to pay child support and you will have to make your own case for long distance visitation. You may want to contest the child support and see if you can force her to return to testify as to income etc. It may be a way to get a lower amount or a way to get her into the jurisdiction of the court for a visitation hearing.

 

Dave

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Customer reply replied 8 years ago
in other words, her filing for international child support could be a great thing for me to get right of visitation and even have the child come here to visit me yearly?
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Sure - it gets her into court and then you have the jurisdiction. You will need to file a separate motion for the visitation and if she has a lawyer I would suggest that you get counsel since this is an unusual case that will probably need some added expertise. It's certainly worth a try.

 

Dave

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