My question involves a child custody case from the State of: California
10 months ago, my ex-husband filed a request to modify custody, after he found out I wanted to relocate to an area with a lower cost-of-living. After the various court-ordered evaluations, it looks like I won't be moving away (since the kids will have to stay with him if I do); but the court evaluator has also recommended a joint physical custody arrangement of 50-50. For six years, my ex has been paying me child support based on the original custody order - he has the two kids every other weekend. But for the last three years he has actually had them about 40% of the time (twice a week and every other weekend). I read that child support modification can be retroactive from the date of filing; my question is, does that mean retroactive to the date of filing for modification of custody, or of modification of support? If the former, that would mean I'm on the hook for the differential over the past 10 months, right? He makes significantly more than I do, so I am afraid of not only the changes to my future support, but also any "debt" I may have accrued over the duration of the custody modification process.
Thanks for your help.
10 months ago, my ex-husband filed a request to modify custody, after he found out I wanted to relocate to an area with a lower cost-of-living. After the various court-ordered evaluations, it looks like I won't be moving away (since the kids will have to stay with him if I do); but the court evaluator has also recommended a joint physical custody arrangement of 50-50. For six years, my ex has been paying me child support based on the original custody order - he has the two kids every other weekend. But for the last three years he has actually had them about 40% of the time (twice a week and every other weekend). I read that child support modification can be retroactive from the date of filing; my question is, does that mean retroactive to the date of filing for modification of custody, or of modification of support? If the former, that would mean I'm on the hook for the differential over the past 10 months, right? He makes significantly more than I do, so I am afraid of not only the changes to my future support, but also any "debt" I may have accrued over the duration of the custody modification process.
Thanks for your help.
Modification of Support: Retroactive Support After Custody Modification
Aucun commentaire:
Enregistrer un commentaire