Retro pay for child support?

Question

Suppose my son's dad is only giving me about 300-350 a month and he should be giving me about 600 according to his salary...will i get retro pay for the $$ he should have been giving me since the date I filed child support...

Answer 1

All you can do is file a request for a support modification.  Most states allow either parent to request a review periodically, usually every 2-3 years.  Both your income and his will be considered when determining the amount.  It may be increased, decreased or it may remain the same.  If he is currently paying the amount that was ordered, then he is in compliance and doesn't owe you any amount of back child support.  It doesn't matter what you believe he should be paying based on his salary.  What matters is what the court decides and the order that is currently in place.  If his salary changes in between reviews, the amount he owes monthly doesn't change until a review is done and a new order is in place.  No, you won't collect anything more than what was ordered.

Answer 2

Where I live, yes.  I've seen others post that this is not the case where they live, though, so I'd ask your attorney.

Answer 3

It depends on what the court orders say, not on how much he makes. Although the court should have asked to examine his (and yours) tax returns in order to determine the amount.

IF the court order says that he is supposed to pay you $350 a month, then that is all you are entitled to. If his salary has increased since the divorce, you need to go BACK to the court in which the divorce was filed and request a review of the amount he pays.  In this case you will NOT get back payments.

IF the original court order says that he was to pay $600 a month, and he is not, then you MIGHT be able to get "back payments".

BUT . . .here's the problem.  HOW is he paying you?  Is he paying the court and they send you a check, or is he paying that money directly to you?  Is he paying you in cash, or with a check?

IF he is paying the money directly to you, then you will have difficulty PROVING that he isn't paying -- unless you are getting him to sign a receipt when he pays you.  If he is paying directly to you with a check, then the court can have him produce his bank records to show exactly how much he's paid.

But if he's paying diorectly to you IN CASH with no receipt, you have no proof that he has underpaid you, and he has no proof that he has not.  So it's your word against his -- and in that case you will probably lose.

The BEST POSSIBLE WAY is if he is paying the court, and then the court sends you a check.  in that case, the COURT has a record of everything he's paid, and getting your back pay should be no problem.

EXCEPT . . .

They can not make him pay more than about 50% of his income. And maybe less depending on what other bills he has (car payments, rent, etc).  So whatever he pays will go towards the back payments.  But if the court says that $350 a month is all he can afford, then that's all you get.  The Law will protect him, too -- you cannot force him into bankruptcy or poverty.

Answer 4

If your order says he should be giving you $600 a month and he's not, then that money goes into arrears.  His tax return should go straight to your child.  You should really see about having his pay garnished.  Keeps him honest.