Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2007
    Posts
    5

    Default Modifying Support Based Upon Actual Exercise of Parenting Time

    My question involves child support in the State of: Tennessee

    My x got a reduction in child support because he was supposed to get the children 2 days a week (Tues, Wed) AND every other weekend. Our divorce was final in 2000 and he has not followed this visitation arrangement since 2006. My kids are 22 and 17 now, but were 16 and 11 when he stopped seeing them. He is also required to carry them on his health insurance or pay 100% of their premiums and he has never did this since the divorce in 2000. He has also never paid 1/2 of the medical expenses incurred since the divorce. It may be hard to come up with all the receipts of medical expenses, but the insurance should be quite easy to prove. Also, the children can testify and are willing to do so, that he has not seen them as ordered.

    Just wondering if I would stand much of a chance on winning a case against him for the insurance not paid as well as some back pay on child support since he did not see them as ordered for a reduction in payment?

    Thanks.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Could I Collect Back Pay Since X Did Not Meet Obligations for Reduced Child Suppo

    The time to bring up these issues was when they were occurring. It's time to move on now.

  3. #3
    Join Date
    Dec 2012
    Posts
    10

    Default Re: Could I Collect Back Pay Since X Did Not Meet Obligations for Reduced Child Suppo

    I don't know how your state laws work, but my husband over paid his ex, and she had to pay him back. Of course she didn't so, we took her back to court. A year later it was all paid back. We did all of that without a lawyer. As long as you can prove you over paid, it should be pretty easy. In would look up how the law works in your state first.
    Good luck!

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Could I Collect Back Pay Since X Did Not Meet Obligations for Reduced Child Suppo

    Repayment is RARELY ordered.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Could I Collect Back Pay Since X Did Not Meet Obligations for Reduced Child Suppo

    This isn't an overpayment case. The question is whether child support can be increased retroactively, going back six years, because dad didn't spend the time with the kids that was used to justify reducing his support. mmmagique is correct - the court is not going to retroactively modify support going back six years - it won't retroactively modify past the date the petition for modification is filed.
    Quote Quoting Tennessee Code, Sec. 36-5-101(f)(1)
    (f) (1) Any order for child support shall be a judgment entitled to be enforced as any other judgment of a court of this state, and shall be entitled to full faith and credit in this state and in any other state. Such judgment shall not be subject to modification as to any time period or any amounts due prior to the date that an action for modification is filed and notice of the action has been mailed to the last known address of the opposing parties. If the full amount of child support is not paid by the date when the ordered support is due, the unpaid amount is in arrears, shall become a judgment for the unpaid amounts, and shall accrue interest from the date of the arrearage, at the rate of twelve percent (12%) per year. All interest that accumulates on arrearages shall be considered child support. Computation of interest shall not be the responsibility of the clerk.
    See also, In the Matter of Christopher A.D., a 2012 Tennessee Court of Appeals decision ("The statute makes no distinction between retroactive increases or decreases.... Thus, Tennessee Code Annotated § 36-5-101(f)(1) and its application by the courts prohibit retroactive modification of a child support order prior to the filing of a petition to modify.").

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Could I Collect Back Pay Since X Did Not Meet Obligations for Reduced Child Suppo

    In terms of unpaid insurance and unpaid contributions toward medical care, often the custody court will include in the order a provision for how and when notice of claimed expenditures is to be given by the parent seeking reimbursement, and even if not the court may have a standard practice - because the court does not want to be attempting to account for bills and reimbursements a decade (or even a year) after-the-fact. It would be important to check both the court's order and the court's policies before attempting to recover expenditures, to make sure that the request is going to be deemed timely.

    1. Sponsored Links
       

Similar Threads

  1. Enforcing Custody Orders: Can You Refuse to Let Your Ex- Exercise Parenting Time
    By maeeox in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 10-31-2012, 10:13 AM
  2. Modification of Support: Modifying Child and Spousal Support Based upon Non-Custodial Parent's Limited Contact
    By fjprez in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-11-2012, 11:49 PM
  3. Modification of Custody: Modifying Child Support Based Upon Change in Exercise of Custody
    By etoy in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 04-04-2012, 04:30 AM
  4. Seeking Modification of Support Based Upon Income, Parenting Time Changes
    By 525601minutes in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 04-20-2010, 12:16 PM
  5. Ordered Visitation vs. Actual Time When Calculating Child Support
    By satori in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 09-12-2007, 11:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources