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Author Topic: CS Question  (Read 1705 times)

Ref

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CS Question
« on: Jul 20, 2004, 10:16:34 AM »
I was hoping to get you advice. I have gotten some from other boards.

DH went to mediation over vistitation and BM brought up CS change. The wording in the Mediation Agreement (now blessed by the judge) states that they are to work it our among themselves. If that doesn't work mediation and if that doesn't work, court.

It also states that they are to share financial info. No specifics.

BM has yet to ask for any information or make any attempt at contacting DH regarding this matter.

1. What are DH's responsibilities? Should he send her everything now or wait to see what she wants to see?

2. When does the clock start for retroactive CS in this case?

Thanks for your help


socrateaser

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RE: CS Question
« Reply #1 on: Jul 20, 2004, 10:55:50 AM »
>1. What are DH's responsibilities? Should he send her
>everything now or wait to see what she wants to see?

I would immediately write (do EVERYTHING IN WRITING) and ask the other parent if she wishes to continue with the support action, and if so, then please forward copies of her last 3 pay stubs, her last 3 years tax returns, and her last 3 checking account statements.

If she doesn't provide, then you have the upper hand, because you can tell the judge that she wasn't cooperating.

>
>2. When does the clock start for retroactive CS in this case?

Retroactive support may be ordered for any time beginning on the date of filing of the motion to modify support. Your facts say that BM "brought up" CS change. Not sure what that means, but if the judge has determined that a request to modify support was made as part of a hearing or otherwise, then the date that the oral request was made would probably constitute the "filing" date, from which retroactive support could be ordered.

Ref

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CS Question
« Reply #2 on: Jul 20, 2004, 10:16:34 AM »
I was hoping to get you advice. I have gotten some from other boards.

DH went to mediation over vistitation and BM brought up CS change. The wording in the Mediation Agreement (now blessed by the judge) states that they are to work it our among themselves. If that doesn't work mediation and if that doesn't work, court.

It also states that they are to share financial info. No specifics.

BM has yet to ask for any information or make any attempt at contacting DH regarding this matter.

1. What are DH's responsibilities? Should he send her everything now or wait to see what she wants to see?

2. When does the clock start for retroactive CS in this case?

Thanks for your help

socrateaser

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RE: CS Question
« Reply #3 on: Jul 20, 2004, 10:55:50 AM »
>1. What are DH's responsibilities? Should he send her
>everything now or wait to see what she wants to see?

I would immediately write (do EVERYTHING IN WRITING) and ask the other parent if she wishes to continue with the support action, and if so, then please forward copies of her last 3 pay stubs, her last 3 years tax returns, and her last 3 checking account statements.

If she doesn't provide, then you have the upper hand, because you can tell the judge that she wasn't cooperating.

>
>2. When does the clock start for retroactive CS in this case?

Retroactive support may be ordered for any time beginning on the date of filing of the motion to modify support. Your facts say that BM "brought up" CS change. Not sure what that means, but if the judge has determined that a request to modify support was made as part of a hearing or otherwise, then the date that the oral request was made would probably constitute the "filing" date, from which retroactive support could be ordered.

 

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