Im hoping you can answer a legal question for me. I’ve got a friend who doesn’t have money to afford a attorney and needs to know if her babies daddy had a case against her. Anyway he filed a motion for a refund of court ordered support he’s paid out over the last 2.5 years. Well he has had arrears he’s still paying from the very beginning that he still hasn’t met. Since then he filed for joint physical custody and got it about December last year. But also the same was granted temporarily last April before December ruling. Anyway can he legally go back further than April’s temp order and get refunded what he paid her to date even being in arrears? Or would she only have to pay what he’s paid out since joint custody was awarded in December. This is all paid through the state btw…
He should only be be awarded a ‘refund’ from the date he filed his modification of child support. The burden is on the him to file a modification if he believes he is over-paying, and the court will only make the modification retroactive to the date he actually filed for the modification.
…my little girls dad and I had a agreement between ourselves to try a week on week off setting. He was already a non custodial parent paying suppot to me. He was recently awarded joint custody by the courts back in dec. 2014. Now hes trying to go back 2 years prior during our joint custody trial period between ourselves and recoup that child support he paid to me even though he didnt have legal joint. Will he have a leg to stand on in court?
Very frustrated
He should only be awarded the modification from the date of filing his motion for modification. He can’t file a motion to modify now and ask the courts to retroactively change the amount of support he was to pay for several years prior. If he succeeds in having the order modified it will only be retroactive to the date he filed for the modification of child support.