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  1. #1
    Join Date
    Sep 2009
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    Minneapolis/St. Paul area
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    497

    Question When Will a Court Retroactively Modify Child Support

    My question involves child support in the State of: KS/MN

    To be honest, after all the time I have spent as a member of this forum, I think that I know the answers to my questions, but a little reassurance would not be unappreciated.

    Here are the relevant facts (I think I've covered everything):
    - So, in Oct 2006 Kansas generated an interlocutory order that ordered child support until the divorce hearing finalized this issue.
    - In April 2007, the divorce was finalized and the child support amount was increased approximately $200. This increase is presumed to be caused by the added factor of daycare expenses, which were not present when the temporary order was calculated, but there are no direct statements to confirm this suspicion in the child support order.
    - In July 2007, I moved out of Kansas and established residency in MN. (My ex has never been a resident of KS).
    - According to a KS case, when neither one of us claimed Kansas as residency, Kansas ceased to have jurisdiction over child support matters - including modifications - although they have continued to collect and process the child support to this day.
    - Each of us was informed of this case and its implications in Sep 2008, when we completed a pending action in KS.
    - In April 2010, MN assumed jurisdiction of the divorce decree and custody matters. I believed that child support was included in this action, but found that my attorney goofed and this did not occur.
    - So, I have finally been able to file a motion to transfer jurisdiction of child support to MN, and did so at the beginning of last month.

    Now to the dilemma:
    In Jan. 2008 my children ceased attending day care, and subsequently, my ex is arguing that I have been collecting more than the appropriate amount of child support for the past two years. (My suspicion is that he will try to use this argument to petition that his arrears should be cancelled by this "overpayment" and that I, in fact, owe him money.)
    The simplified question then is "Can he get the MN courts, to retroactively modify child support?"
    And if he can somehow swing a "yes" answer, which state's guidelines would apply?


    Again, thank you for you replies.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    Default Re: When Will a Court Retroactively Modify Child Support

    In terms of which guidelines apply, if you previously stipulated that the Kansas guidelines apply and the children do not live in Minnesota or Kansas, I would expect the Minnesota court to continue to apply the Kansas guidelines (unless no evidence is presented as to those guidelines in which case it may choose to apply its own rather than researching the issue on behalf of the parties). From what you have said, absent consent from your ex-, his non-residency should limit the court's ability to apply Minnesota guidelines over his objection.

    Has your ex- formally moved for retroactive modification of support? On what grounds (e.g., fraud)? In Minnesota or in Kansas?

    Your motion remains pending? That is, the matter remains before the Kansas courts but you have moved for the matter to be transferred to Minnesota?

  3. #3
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: When Will a Court Retroactively Modify Child Support

    Actually, the issue is, amazingly, moot. Apparently the ex is going to stipulate to everything.

    But if you want to discuss it in a hypothetical sense....

    The motion to officially transfer jurisdiction from KS to MN is pending. The children reside with me in MN, so that is why I am requesting the transfer to MN. The KS courts do not have any motions before them, but they did when the circumstances changed; when my ex says that the child support should have changed.

    Essentially, the dilemma was that jurisdiction over my child support case was in limbo. KS, though administering it, refused to accept any new motions. And MN had not officially accepted jurisdiction. I guess I was trying to ask if there was any way that my ex could possibly convince the MN courts to review child support for that time period in which neither state really had jurisdiction.

    However, it seems that the answer is "no". If my ex truly believed that he was overpaying, then he should have petitioned MN to accept jurisdiction at the first available opportunity (when the KS issues were resolved) and modified it at that point. Right?

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