child support refund?

[littlebit]

I've paid CS for past 5 yrs based on me making 40K, and BM and husband making zero.

I filed for custody and contempt in February 2004, court date is set for January 2005.  In a deposition, BM said husband is self-employed and has made 30K last two years.

1) Can I ask the courts that I be compensated for past payments?

[socrateaser]

>I've paid CS for past 5 yrs based on me making 40K, and BM
>and husband making zero.
>
>I filed for custody and contempt in February 2004, court date
>is set for January 2005.  In a deposition, BM said husband is
>self-employed and has made 30K last two years.
>
>1) Can I ask the courts that I be compensated for past
>payments?

Based on your facts, you cannot, at the moment get any retroactive credit at all, because you have not raised child support as an issue in your current pleading to the court.

Under federal law, no retrocative credit may be had, prior to the date of the filing of the motion to modify or order to show cause requesting a modification of support.

However, if you can prove that the other party materially misrepresented their financial condition at the time your original support order was entered, and that reasonably could not have known about this until very recently, then you could ask the court to set aside the original order, and put a new one in place, at which point the court could give you retroactive credit.

There are other issues, like the statute of limitations for filing a fraud complaint, that can impact your ability to set aside a prior court order/judgment, and this varies from State to State. You'll have to discuss this with a local attorney -- I wouldn't hold out much hope.

[LizaLou1]

Have I misunderstood something?

LizaLou

[socrateaser]

>Have I misunderstood something?

Depends on the State. In CA, new spouse or cohabiting partner income can only be considered in extraordinary situations where it would cause an extreme hardship on the supported child(ren).

This particular post suggests that the obligor may have materially misrepresented her financial condition. This could, in some cases, be grounds to set aside a previous order/judgment, and that the step parent's income may be relevant, assuming that the obligor is intentionally unemployed and living off her new spouse -- a circumstance that could be grounds for imputing income.

Everyone is considered capable of earning minimum wage, unless they are disabled.

Hard to say...not enough facts.