Arreage vs overpayment

[LizaLou1]

Soc,

I'm trying to grasp a concept.

DH filed papers last month to decrease child support (filed for custody in July) because OSS now lives with us (family kicked him out). As I understand it DH is required to keep sending the full amount of CS even though BM no longer has both children until the judge changes the order.

1.  Assuming we continue to send the full amount required for 2 children and don't get a hearing for 6 months, does the BM get to keep OSS portion even though he was not living with her OR does she return the portion funds as the date of the DH filed for modification?

I thought I read here that once child support was paid it became the property of the custodial parent never to be returned, i.e., no backward credit.

I ask the question, because I also understood that when one asked for an INCREASE and you wait 6 months for a hearing, the custodial parent gets back child support from the date of the filing (automatic arreage).

2.  Why would an increase go backwards but not a decrease?  

Just a little confused.  Hope I have not broken any of your guidelines.

Thanks

Lizalou

[socrateaser]

>1.  Assuming we continue to send the full amount required for
>2 children and don't get a hearing for 6 months, does the BM
>get to keep OSS portion even though he was not living with her
>OR does she return the portion funds as the date of the DH
>filed for modification?

Depends on the controlling State laws. The issue is fairly complex, so I may have time to research the specific answer -- what State law controls this case?

>
>I thought I read here that once child support was paid it
>became the property of the custodial parent never to be
>returned, i.e., no backward credit.

Once the due date for a child support payment passes, the support becomes a property right of the recipient parent. However, the court "generaly" (but not always) has authority to give retroactive credit back to the date of filing of the motion or order to show cause to modify support.

>2.  Why would an increase go backwards but not a decrease?  

Frankly, because States receive Federal matching funds for collecting child support, so various state legislatures have created lopsided laws to maximize their State's revenue collection process.

Government doesn't like to give money back to its citizens.

Vote Libertarian! (shamless political plug)

[LizaLou1]

Thanks for the response.  

The state is AL.  Hopefully the Judge will respond timely to our request for emergency hearing for temp custody/mod CS making the matter moot.

LizaLou