Help! Rules on CS Modification


#1

You are correct. If your attorney asked for retroactive child support and it was ordered, it should be so as of the date of the filing of the motion unless your attorney did not specify this. If the judge made the order, a judge does not like to be contradicted. Read the ORDER!


#2

I am representing myself.

The ex’s attorney on the day we went to court for the modification handwrote the order out on paper stating the modification would start July 1, 2008. This is why the ex and his attorney are contesting the date.

However, the judge told us after she reviewed it that the modification backdates to the date the motion was filed which was June 5, 2008.

I then received the typewritten order from the judge stating the new modified amount was 751 starting August 1, 2008 and there were two arrears payments owed totalling 502.

Because of all this the ex is now behind on child support and I have a motion and order to show cause that goes to court November 3 and I want to be sure all my bases are covered and indeed the order should be backdated to June.

Helena-

Am I correct?


#3

The new child support order is effective as of the date the motion was filed to modify child support and the new amount would become effective as of that date.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Helena-

Is there a general statue that states that the modified child support should date back to when the order was filed? I have looked but could not find anything… If so, could you please forward me the number

Thanks.


#5

It is within the child support statute, as long as your attorney requested a retroactive modification it will date back to the date that the order was filed.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Here is my situation: On June 5, 2008 I filed a motion for CS modification. We went to court on August 8, 2008. The judge awarded the modication for 2 arrears payments (June and July) and the new child support amount to be effective August 1, 2008.

My ex and his attorney are contesting this saying it is a technical error. Ex and his attorney are saying the child support modification is supposed to back date to July 1 making the arrears payments due for July and August and the new child support amount effective September 1, 2008.

From everything I have read the CS Modification is supposed to be backdated to the date you entered the motion (which would be June).

Am I correct that the order should be backdated to June and that he actually owes the new child support amount starting in June?