Child Support

//Child Support

$100 PER DAY PENALTIES FOR UNPAID CHILD SUPPORT

Parties divorce.  Husband’s employer is ordered to deduct and pay the child support from Husband’s paychecks.  Employer missed two payments. Wife files a petition to have the employer pay a penalty. The statute states that there is a $100 daily penalty for a “knowing” violation. The trial court denied wife’s petition.  The court said that [...]

By | May 18th, 2018|Child Support|0 Comments

INTEREST REQUIRED ON BACK CHILD SUPPORT

The parties entered into two agreed orders.  They modified husband’s child support obligation.  The orders did not address the issues of the child support arrearages and interest to be paid on the arrearages. Wife later went to court to collect the arrearages and interest.  The Court did not give her interest.  The Court stated that [...]

By | April 26th, 2018|Child Support, Uncategorized|0 Comments

EQUITABLE ESTOPPEL = IT IS JUST NOT FAIR

Father was ordered to pay $788 per month in child support after the divorce in 2004.  Father fell behind in his support payments.  Mother verbally agreed to accept father’s payment of $165 per week in child support.  She says she did this to allow father to catch up on his arrearage. They wound up back [...]

By | April 26th, 2018|Child Support|0 Comments

NEW CHILD SUPPORT LAW TOOK EFFECT AFTER PARTIES’ DIVORCE

The Trial Court entered a final parenting plan and judgment. The parties were now divorced.  Father filed a Motion to Reconsider. He felt that the Court was wrong in certain parenting decisions it had made.  The Court denied Father’s motion. Father also filed a Motion to Reconsider the amount of child support that he was [...]

By | April 13th, 2018|Child Support, Parenting Plans|0 Comments

WHAT DOES IT MEAN TO RESERVE CONTRIBUTION TO EXPENSES?

The issue was college education.  The parties had four children. The parties’ judgment for dissolution of marriage did not order a specific dollar amount or percentage to be paid by either party.  It left the amount to be determined at a later date. The Judgment required Husband to maintain accounts for each child’s college or [...]

By | April 13th, 2018|Child Support, Financial Issues When Divorcing|0 Comments

WHEN DOES A LOAN BECOME A GIFT OR INCOME?

Husband earned bonus in addition to his salary. The parties divorced. The child support was to pay 20% of his net income per pay period.  Also, at the end of the year he is to true up his income. He will pay 20% of his entire net income by the end of the year. He [...]

By | February 22nd, 2018|Child Support|0 Comments

USING THE WRONG FORMULA TO CALCULATE BACK CHILD SUPPORT

  Mother filed a Petition for Modification of Child support. She believed that father was making substantially more than he had made when they got divorced.  The trial court stated that dad owed $150,000.00 in back child support.  He was ordered to pay this amount within the next six months.  Father filed an appeal. The [...]

By | February 16th, 2018|Child Support|0 Comments

THERE IS NO SUCH THING AS AN AUTOMATIC REDUCTION IN CHILD SUPPORT

  The divorcing parties had four children.  Support was to be reduced ¼ as each child emancipated.  Later, an order was entered for past due child support.  The children were still not emancipated. The ¼ reduction language was left out. The children were all emancipated years later. Dad said he now owed about $40,000 in [...]

By | February 1st, 2018|Child Support|0 Comments

PAY ATTENTION THE FIRST TIME AROUND

The trial court said that dad owed $21,189.12 in back child support to mom.  The Dept. of Healthcare and Family Services (HFS) got involved to help with collection. HFS contacted dad about payment. Dad did not agree with the amount that HFS said he owed. HFS sent dad notice about how he could file an [...]

By | January 17th, 2018|Child Support|0 Comments