child support question

[johnw]

I have a question. My ex is taking me back to court for more child support. In jan 2000 a restraining order was in place that called for $800 per month support. 3 months later we got back together. We were together for 13 months when she moved out. We were finally divorced in July of 2001 and we agreed on $400 per month in support, even though that was above what the guidelines required me to pay.
Her lawyer now says that the restraining order supercedes the divorce decree. He is claiming I owe $800 mth from the time of restraining order to divorce date, in back support. He is also claiming that the divorce decree requiring $400 per mth is in addition to the previous $800, bringing the total support to $1200 per mth. He says I owe $750 per mth from the date of divorce to today. In total it is close to $30,000. Have you ever heard of this? Is this at all possible? My attorney is out of town until next Fri

[NoNicky]

I'm curious as to why her attorney is contacting you directly and not going through your attorney.   That's usually a no-no.  Until you can speak with your attorney try just telling her attorney that anything like that he will have to go through your attorney to speak with you about.

[johnw]

Apparently he thought I was unrepresented. He started to ramble on about this stuff until I finally said this conversation needed to end and he needed to call my lawyer. He stopped and apologized. However, what he told me seems a little far fetched. I was wondering what anyone knew about this as even being a possibility.

[socrateaser]

I would need to read the EXACT text of both the restraining order and the divorce judgment in order to give you a proper analysis. It's possible that the two orders could be interpreted to be inclusive rather than exclusive, but I doubt it.

The fact that you have paid an alternative amount, and that amount is the exactl amount contained in the divorce decree, is evidence that this was what was intended by the parties and the court.

In short, I think your opponent is blowing smoke.

[johnw]

Apparently he thought I was unrepresented. He started to ramble on about this stuff until I finally said this conversation needed to end and he needed to call my lawyer. He stopped and apologized. However, what he told me seems a little far fetched. I was wondering what anyone knew about this as even being a possibility.

[socrateaser]

I would need to read the EXACT text of both the restraining order and the divorce judgment in order to give you a proper analysis. It's possible that the two orders could be interpreted to be inclusive rather than exclusive, but I doubt it.

The fact that you have paid an alternative amount, and that amount is the exactl amount contained in the divorce decree, is evidence that this was what was intended by the parties and the court.

In short, I think your opponent is blowing smoke.

[johnw]

Thank you for your response. I do not have a copy of the restraining order. I do know the amount we decided on amicably in the divorce decree was actually higher than the child support guidelines required me to pay. The judge asked me at the time if I still wanted to pay the higher amount we agreed upon, and I said yes. The judge then hand wrote on the schild support guideline sheet that I was paying more than I was required. It is also the same judge we will be seeing at our next hearing. That is why I was so blown away by this attorneys motion to go after all this alledged back child support. It really didn't make sense to me, and with my lawyer out of town right now, I thought I would ask your advice.
Thanks