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My question involves child support in the State of: OKLAHOMA. ON THE DAY MY CHILD SUPPORT WAS ORDERED I WAS GIVEN XX AMOUNT TO PAY MONTHLY BASED ON MY CURRENT INCOME AND AN ARREARS AMOUNT DATING BACK FIVE YEARS. ASSUMING THE ARREARS WAS AMOUNT OWED TO STATE I LATER FOUND OUT THE AMOUNT WAS CALCULATED / BASED USING MY CURRENT INCOME AT THAT TIME. SHOULDNT ARREARS BE DETERMINED BY ACTUAL INCOME OF BOTH PARTIES INVOLVED DURING THE ARREARAGE PERIOD ?
How long ago was the order made? If it has been a considerable length of time, you have probably lost your opportunity to get it reconsidered.
Originial court order date dec'03, i've tried several times over the years to appeal. Finally got an appeal hearing 2 years ago but judge wouldnt explain how arrears were determined and refused to reconsider my / our actual income during arrears period . Would only lower monthly payment amount but arrears amount remained the same. The arrears isnt payments i missed, the amount was determined on the original court date.
My thought is let's says I was making $8.00 an hour and going to college full time for 4 years. Then after graduating college I happen to get a job making 100k a year. Then the next day I'm order to court regarding child support. Would it be ethical for the court to base my arrears amount on what I'm currently making and not what I was making thru the four year period. Obviously the two amounts would be vastly different. With any other court decision an order or judgement is based on facts however in this case it's based on what's best for the court. Higher arrears means added 10%interest yearly, longer to pay off, if a person is able to pay off.