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Main Forums => Child Support Issues => Topic started by: Forthelittleones on Aug 06, 2005, 07:21:13 AM

Title: Sept 13th 2004 CSEA Order
Post by: Forthelittleones on Aug 06, 2005, 07:21:13 AM
Ok. So last year Dh was given custody of SS.  Ruling was just file stamped this past month.

CSEA contacted DH and said - We need your current information inorder to determine support for last year?

How can they use 2005's information for a CS order for 2004?  

CSEA when mom was custodial did a review in Sept 2004 for an increase for her.  Why cant they use that paperwork?
Title: RE: Sept 13th 2004 CSEA Order
Post by: MixedBag on Aug 07, 2005, 03:03:21 PM
Let me ask some questions or get this straight.

DH has had physical custody of son since last September.

BUT it took almost a year for the court to actually file an order?

(Geez, but that happened to DH once too).....

Anyways, there's a latin term I think I read once on Soc's board something like "nunc procto" and it means that the filed order is effective the date of the hearing -- or something close to that.  

I'm guessing you're in a state where both parent's income is used to determine Child Support???

Maybe the "system" spit out an automatic  request for information from both sides if the order was just filed.

I'd take a close look at that SEP 04 order and see what Mom is supposed to be paying Dad.  

THEN I'd check your state's code to see how often CS is reviewed, or can be reviewed, and what the "change" is before a new amount would even set it.  (Like in my state, if the new amount isn't more or less than 15% off the old amount, nothing changes either way -- up or down).

Maybe they set it in Sep for Mom to pay and it just needs to be politely pointed out to them...
Title: RE: Sept 13th 2004 CSEA Order
Post by: Forthelittleones on Aug 07, 2005, 03:48:17 PM
DH has had physical custody.

It took a year cause her attorney was to right the order and could never get it right.  Finally our attorney wrote it and the GAL signed it.  We sent it to CSEA.

CSEA knew to expect an order as they stiopped DH paying mom when he got custody.

I would guess it is effective the date of the order.

CSEA called our attorney as they could not beleive that DH was to get support from Mom.  Then they sent us a nice letter, not a form letter, that they needed current information inorder to get support for last year.

Funny thing is they have the information from last year as they did a review 3 days before DH got custody.  We are in OH.  I cant understand why they cant just use that information.

CS is reviewed every 3 years.  Moms income was set at min.  There was no set amount for DH as the order was going to be filed within 10 days (yeah, right).