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.