CS will be lowered

[Ref]

I asked Soc about this but I wanted some "non-legal" advice.

DH lost his job. He is filing today. It is possible for him to borrow the money to pay his support at the old rate he is but it would add insult to his already very hurt ego. DH's idea was to pay the highest possible amount that the court would make him pay until the case is closed.

Soc says that he has to keep paying the amount that he has until the case is finalized or get an emergency reduction.

What do you think would happen if he pays the new calculated amount?

Thanks
Ref

[joni]

in most states, the date you file for a reduction would be considered the date for a retroactive abatement.  this means you continue to pay the amount under your court order.  when the court modifies the amount, they calculate the arrearage from the date you filed as the difference between the new and old amount.

now the issue is, how does your state handle an arrearage?  in Michigan, you have to pay the current month and the next month in full and then you get your arrearage.  we had a court order put in to reduce our new obligation by "X" amount per month until the arrearage was paid off.

[POC]

The support that you mention is not his old rate. In fact, it is the current rate. It is possible that he be held in contempt for disobeying the current court order.

[Ref]

Thanks for the response. We are tightening our belts to make sure that BM can live off DH for just a few months more. Just waiting for the return on the investment (retro decrease).


Take Care
Ref