CS Recalculation


#1

Hi,

Thanks for your prior reply.
The consent order that governs recalculation of child support said that the amount would be recalculated in May 2010 based on 2009 tax returns.
The order also says that the recalculation will take place again in October 2010 when I finished paying her alimony.

My ex did not file a motion to recalculate child support in May.
She sent emails but I did not agree to a new higher amount.

When I finished paying alimony in October, I agreed to pay her a higher amount, and have started doing so.
My ex is now saying I owe her back CS for the period June through September for the difference.
Is that allowed?
Doesn’t someone receiving CS have to file a motion to get an increase?
Can a recipient of CS wait until later to claim they want retroactive differences?

Thanks!


#2

If you did not modify the order, you are liable for the amount contained therein and she may seek back support.