CS questions

[SM_in_FL]

Hi, Soc!
I have a few questions on CS which  Iwas hoping you could help me with. First a little background: In 2000, Bm lost custody of SD (CPS intervention) for the time frame of one month. During that month, Dh had sd but was still paying CS on a weekly basis to BM. Now fast forward to summer 2003...Dh had SD for the second half of the summer (basically a month and a half, give or take) but was still paying Bm for CS. However, he didn't have legal visitation rights until May of 2003. So here are my questions:

1) Can he petition the court to credit that amount to him or something since SD was with him during these time periods?

2) If so, even if the thing is from 2000 and the other one is from last year?

3) If not, then what can he do on either or both of these and for future summers and breaks, etc?
Thanks, Soc!
SM

[4honor]

Child support cannot be modified for the obligor back beyond the date of filing (sometimes for the obligee, but that is another story.)

1. NO. If he had requested CS abatement when he took custody of child they might have considered, but it is too late now, cause he does not have custody now.

2. See #1

3. He can motion for a modification of the order which takes lengthy time periods into account. However, this will apply to only what comes after this point and only IF he can get a judge to buy into it.

The child's main home has ongoing expenses for the child even when the child is not there. The child's room still requires heat/cooling, there is the rent/mortages for their portion of the home, clothing is purchased and maintained whther the child is physically in the home at that moment or not... or so the courts postulate.

Please remember that any court proceeding... such as is needed for a child support modification of any sort, is going to cost some amount of money and time off from work to accomplish. Will the changes you hope to get be worth the risk and the price to get to it? usually not

[socrateaser]

>1) Can he petition the court to credit that amount to him or
>something since SD was with him during these time periods?

It's not a petition, it's a motion. Petition is the document that initiates an action, whereas a motion is everything else. Now then, a person cannot be ordered to pay retroactive support prior to the date of filing of the motion or order to show cause to modify support, therefore, based on your facts, you cannot request retroactive credit for either of the times that you had the child for an extended period.

>2) If so, even if the thing is from 2000 and the other one is
>from last year?

N/A

>
>3) If not, then what can he do on either or both of these and
>for future summers and breaks, etc?

Move to modify support, if you  can prove that you are paying more than the guidelines permit, or if you can prove that you are exercising more custody/visitation than the court has ordered.