Wife wanting child support after 12 years.

I dont know about Florida, but in Michigan an Order can NOT go rectoactive
to any date other than the date the order is actually SIGNED!!

You may want to ask someone from Florida however, I just happen to know
michigan is that way!


wrote in message
ps.com...

Gini wrote:
wrote
I will try to make this short...although it's not easy.
.................................
The daughter who stayed with me is now 18 and going to college. The
daughter who stayed with her is 16. They live in Florida, I live in
Delaware (which is where we divorced).

She filed for child support for the 16 1/2 year old. I just received
word about a month ago. She wants arrears starting back to July 1st.
==
Why back to July 1st? Is that when she filed?

Yes


(More Below)
==

There is no mediation because this is a interstate issue, so it goes
immediately to a hearing which is next Dec. 6.
==
Is the hearing in Florida? If it is Florida, let me know which county.
(More Below)

She filed in Delaware


==
..............................................
I made out o.k. this year financially because I do a lot of overtime.
I
hear they will take that as well.
==
In Florida, if a second job is for the purpose of supporting a subsequent
family, the income
is not used to calculate support. I'm not sure how overtime fits into the
picture but it's
worth a try to tell them it was done to support your second family. In
Florida, however,
that is about the extent of consideration of subsequent children. They
are
eliminated from the
calculations otherwise. (More)
==
...............................................

I don't know what to expect. Should I expect the courts to rake me
over the coals or should I expect the courts to be understanding and
realize that while I am willing to help my daughter financially if she
needs it, I also have a new life and a new family to support.

I offered $250.00 per month when I found out she was filing, she
refused it and said she wanted to go to court.
==
That's an extremely low amount of support. I'm sure she won't accept it.

Of course she didn't, her purpose is for revenge...she hates the fact
that I remarried and have a new family now. Her purpose is to see me
financially ruined to hurt me and my new family. Like I said, our
other daughter..for 12 years she never gave one penney to help her.

In her petition, she states..
"Each parent was responsible for one child born in the marriage. (Name
of oldest daughter) who resided with father is now 18"

That shows two things...

a) We had a mutual agreement to raise the child that resided with us
until the age of 18
b) She purposely waited until the oldest was 18.

Yes, $250.00 may seem like a low amount...but when you have a family to
support, mortgage, bills, ect...
She doesn't have a mortgage to pay.

And keep one other thing in mind. This is 12 years later, we both
moved on. It's not like we are going to consider support to keep the
same standard of living as it was in the marriage. That was 12 years
ago. Her standard of living and mine has changed.



You
need to check the
controlling state's guidelines to find exactly how much you can plan on
paying. Upside? CS in FL is
only paid until the child is 18. You don't have far to go.
==
==

Personally I would file for custody at this point!

wrote in message
oups.com...
I am very worried, nervous, and upset. This whole ordeal has my whole
family upset. I hear horror stories of courts raking fathers over. I
made out o.k. this year financially because I do a lot of overtime. I
hear they will take that as well.

Okay...

First of all accept the whole thing sucks. The process, the courts,
etc. There is no way this is good. However, you can calculate the
amount of damage (worst case).

It seems Delaware has jurisdiction and it seems they also stop at 18.
Some states like mine keep the NCP paying the ex until the child is 24.

Anyway....use this for a start:

http://courts.delaware.gov/Support%2...pageresult.asp

Likely they will take your last year's income and not care that it was
overtime.

Once you know the worst case number then you can think about how to
reduce it.

You need to decide if you want to hire an attorney. I'm a major fan of
doing it yourself, with an attorney as a consultant to review my
motions or trial strategy; but it does take an emotional toll. There
are advantages though and more than just saving money to doing it
yourself.

My main argument would be that your child support agreement intended
that each child was to be supported by each parent. You fully supported
one child the intent of the agreement is that she now is to fully
support the other.

I have no idea if that will fly, but I'd sure try.

The second major point is that she has an obligation to earn to the
best of her capacity. If based on her education/training you strongly
feel she is not earning an average salary you can file a motion to have
income imputed to her.

Judges are not likely to impute income in a way that will take existing
money from a child. But it can create enough of a hurdle that they also
may not increase existing child support (which for now is $0).

If you do choose to try to impute income, you need to hire a vocational
consultant who can look at your ex's resume and write a report that you
then file with the court. The consultant does not need to meet with
your ex. When I did it, it cost me about $2,500 for the report and her
time in court.

You can argue about the need to support the children living with you
now, although the child support guidelines typically emphasize that the
first children have greater claim. However, note that the Delaware form
does ask the number of dependent children living with the Father.

Good luck. If you have other questions ask us and keep us posted how
this goes.

Don

"news.comcast.net" wrote in message
. ..
I dont know about Florida, but in Michigan an Order can NOT go rectoactive
to any date other than the date the order is actually SIGNED!!

Unless she files before the child's 6th birthday and they will start from
date of birth!

$100/wk x 52 x 6 years is $31,200. That's a minimum calculation + 8%
interest every year.

"DB" wrote

"news.comcast.net" wrote

I dont know about Florida, but in Michigan an Order can NOT go rectoactive
to any date other than the date the order is actually SIGNED!!

Unless she files before the child's 6th birthday and they will start from
date of birth!
==
You know this to be the law in MI?

"Gini" wrote in message
news:cT%hh.9881$cx4.8332@trndny09...

"DB" wrote

"news.comcast.net" wrote

I dont know about Florida, but in Michigan an Order can NOT go
rectoactive to any date other than the date the order is actually
SIGNED!!

Unless she files before the child's 6th birthday and they will start from
date of birth!
==
You know this to be the law in MI?

I have been in contact with quite a number of fathers from Michigan, this is
standard procedure for Michigan FOC. In all cases, even if you were involved
for the first 4 years of the child's life, FOC starts the arrearage from
date of birth. This creates a larger number for AG Mike Cox's bragging
rights for his election campaign.

It's abuse like this that ****es everyone off!