DH's court date is set for decrease in CS. It will be a full year from the date filed. He is going for retroactive to the date he filed. Anybody try this?
Ref
it is in there as plain as day for Florida that you can never go retroactive for a downward mod. Check your State.
Bradley Amendment http://en.wikipedia.org/wiki/Bradley_Amendment
but I read that Fl law will never allow retro for downward mod prior to the date of filing. If you file, it is up to the judge to choose whether or not to retro to the actual date of filing.
confused!!!!!
Ref
is that the CS is for the kids - in order to get a retroactive amount, you'd have to take money back away from the kids for when it was "overpaid" - the court is not going to make your kids owe you.... read more about the Bradly Admendment I posted.
I would be susprised to hear that someone has gotten retro for a downward mod. but ya never know. As far as FL goes it is whati thought I read once. but now I can't find it. I still say look at that link I posted ...
We filed in late April of '03.
BM was served May 1 of '03.
Case was heard in October of '03.
We got a downward modification of $113 a month.
Then we got retroactive to MAY 1, 2003 -- when there was proof of service.
Our state guidelines follow the Bradley Amendment to the letter of the law, and we still got the retroactive downward. NOT to the filing date, but to the date of Proof of Service.
BM had financial documents from that date on and could have made teh calculations herself. She would have known that a downward modification and a deviation from guidelines (other children with medical problems, lack of overtime - OT previously considered in total no longer available) was requested. but She refused to do the math and accept the outcome until it was court ordered. She overspent what was available to SS.
In court BM presented OLD medical bills for uninsured therapies and DH's half was about $600. The first withholding check was reduced by $78 -- which we got back from WSSR. Then the remaining amount over was credited as paid for all of SS' medical bills due to the date of the hearing. So technically, BM was PAID all for the medical bills and DH got back all the excess he paid out. ($678). From that point on, DH paid at the lower withholding rate.
I think I am going a little nuts checking and double-checking information. I have read Fl cases that have made the downward retro, I have calculated it etc... This court thing is going to be a year after her being served and has put us in some serious debt. I am just really nervous that this judge isn't going to give it to DH.
I guess I can research all I want, but we wont know until court.
If anyone else had an adjustment like this, please post. It gives me hope.
Ref
1077 day, 7 hours, 12 min
I hope that you get it - sending good thoughts - when is court?
And heck yeah, if it's left up to the judge, you can go nutso and never really know what way he/she is going to rule on until they make the decision!