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Author Topic: New orders....are they retro to court date?  (Read 1554 times)

tmb8076

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New orders....are they retro to court date?
« on: May 20, 2005, 12:42:46 PM »
Okay, DH went to court on 4/19. He was awarded an extra overnight EOW, and a better holiday schedule which gave him more overnights and a reduction in CS.

On 4/19, our attorney told us "start paying this amount" so on 5/1, we sent in the new amount which was a drop of $91 and BM still is not "over it".

There was an unresolved issue, so the case has not been closed until both attorneys can meet with the new judge (changed on 5/1), of a name change for SS. The judge didn't think he could change SS's surname in this CS case....but our attorney found cases where it happened in our state, so now the new judge will rule on this.

SOooooooo, BM says we should still be paying the old amount, but our lawyer told us to pay the new amount....

She is really ANGRY over it and I think just angry over what we got in court....so she wants to complain.

Am I right...that when the judge finally rules on the last issue that the CS amount will be retroactive to the first court date 4/19?

I think we are safe sending the new amount and she is just bitter, but wondered if anyone had experienced this in the past..

Thanks!
T


Fobbed-Fodder

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RE: New orders....are they retro to court date?
« Reply #1 on: May 21, 2005, 07:25:58 AM »
You need to make sure that the starting date in your Order of Child Support is the date the Court made its ruling when it would start.

In my state, the effective date of a support modification is the date the petition for modification is filed, your state may be different, Look it up or ask your attorney.  If that is the case then you should be entitled to a credit for overpayment as well, but unless its stated in the order then it will only be effective upon the entry of the order.

You should insist on the inclusion of the following language in your order of support:

   STARTING DATE AND DAY TO BE PAID.

   Starting Date:         May 1, 2005 or (Date Petition for Mod. filed)
   Day of the month support is due:    10th


If applicable:

[X]   This is a downward modification that has caused an overpayment.  
      Division of Child Support shall credit support payments received from
      (Date Petition for Mod. filed) through (Date of final orders) as follows:

      Your text here


You should also write a letter to your support case worker and inform them of the newly ordered amount and date, and that the case remains in litigation on other issues, and that you want all support received to be held in suspense until final orders are entered.

patton

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File: nunc pro tunc
« Reply #2 on: May 23, 2005, 10:31:48 AM »
Be SURE the attorney files the order nunc pro tunc when it is filed, then you are covered.


nunc pro tunc  
['ne[ng]k-'pro-'te[ng]k, 'nû[ng]k-'pro-'tû[ng]k]

New Latin

: now for then (used in reference to a judicial or procedural act that corrects an omission in the record, has effect as of an earlier date, or takes place after a deadline has expired)
Example: a nunc pro tunc order
Example: permitted to file the petition nunc pro tunc  

tmb8076

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RE: File: nunc pro tunc
« Reply #3 on: May 25, 2005, 01:42:17 PM »
Thank you for your replies!!

On the day of court, 4/19, our attorney told us "begin paying this amount".

Now that it is held up....BM is using this as her excuse for anything that she doesn't feel like complying with.

For instance, according to the new order, which she agreed to and signed on the day of court, 4/19, she is to share in transportation, with the parent beginning their visitation to pick the child up from the other parent.

She is supposed to pick SS up from us tomorrow, but she told my husband, "Sorry, the papers are not in effect until signed by the judge, so you will have to bring him to me."

She is so ridiculous.  Eventually the papers will be signed by the judge and she will not be able to use that anymore!  

patton

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RE: File: nunc pro tunc
« Reply #4 on: May 26, 2005, 03:13:20 PM »
Just hang in there, have witnesses to the fact you are doing the pick up, get receipts from where ever you are picking up child.

The other party is in CONTEMPT if the order is filed like I said above and "retro".... which most orders are.

You going to have all those contempts in your back pocket!


MixedBag

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Our experience was the opposite...
« Reply #5 on: May 26, 2005, 03:36:01 PM »
DH filed for custody in June

EX "gave" custody in July and judge signed an order.

Hearing for custody of other child in August and finished in October.

Judge signed decision in November.

So from June/July (start date is debatable), to November, DH paid CS so that it wouldn't go into arrears to Mom as if she had both children, even though she gave up custody already of the one.  

Judge did not order the adjustment back to when she gave up one child and each parent had one.  It was ordered effective the date he signed the order (November).

Child Support office in Nevada told me that since there was already an order in place from before, judge was not allowed to go retroactive to even July for one child even though he had an order.


Guess I'm trying to say that it's so different from one jurisdiction to another.  And for the most part, over the years, I read that until the judge SIGNS an order, there is no order and all the old stuff is in effect, period.

Sure you had a hearing, and sure the judge sided with you in the hearing, but until he signs an order, the old stuff is in effect.

patton

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I would ask Soc for clarification.
« Reply #6 on: May 29, 2005, 08:18:31 PM »
You may want to mention the state you are in, as MixedBag says states differ on these issues.

I know that once the order is SIGNED by the Judge whether it is filed or not at that point in Texas it goes into effect and the attorney will file it tunc pro nunc, and the attorney will FAX all that information to the AG office so they will KNOW exactly when the C/S was to stop.

In our case the there was no C/S between either party for one month.

 

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