SPARC Forums
Main Forums => Child Support Issues => Topic started by: caringstepmom on Nov 04, 2005, 01:09:14 PM
ooops, posted this on Father's issues by mistake. Here's my question:
If the parents have agreed upon child support payments without going to court, (and signed a contract agreeing on the amount) and CP decides to take the NCP to court, can the NCP be ordered to pay back support if the court doesn't find the previous payments to be enough?
It would depend really on the judge in the case. The sticky part is can the NCP PROVE that he made the payments (cancelled checks).
It sounds like perhaps the CP realized that they could be getting more CS than agreed to...If the CP goes through CSE, then there really isn't much the NCP can do and if the NCP fights it with an attorney...it will most likely cost more in attorneys fees than the amount of raised CS.
My suggestion is to find out what the state guideline support actually is to be sure that it and the figure the NCP agreed to isn't far off. If it's WAY off, then you may have a problem.