If ch.support amount is never reviewed is that a problem?

[wow]

My -ex knows I've had raises since ch.support was established, yet doesn't feel compelled to ever have my ch.supp. raised (prob. cause she feels guilty that she left me for a rich guy). It's been five years since the divorce and I've had many raises since.



If my -ex suddently decides to have it reviewed now or in years from now will the court ask for backpayments even though I've been current on the original ch.supp. plan??????

[MorganC]

Geez I hope not or my hubby will be in the same boat lol.

[ouragon033]

no

[ssparkle63]

Check with your lawyer,, what is wrong with you??? do it now...

[ceinglehart811]

Check with your lawyer. The money is for the kids, so maybe set up trusts in each of their names and figure out how much extra you should be paying (what percent of your original income did you pay and then take that same percent from your pay now), and put it in each child's account for their use later on (college, house down payment, car, etc). That way, if your lawyer does think there could be back payments, then you've got a cushion to be working on. If you truly feel guilty, talk to your ex about re-evalutating it, ask her opinion on the trust accounts if she doesn't feel the need to re-evaluate, or just go to a judge and ask for it to be re-evaluated yourself.

[infonut]

Yes she can. One thing to keep in mind that a lot of Fathers aren't aware of, is the amount of Child Care Expense that went into the calculation. Child Care Expense is when a Mother works and need a Child Care Service to care for the children while she's at work. This is what the Father usually pays for and can be a huge part of the portion. So even if she did take you back to Court and you did have an increase, make sure you question the itemization along with proof, the Medical Expense and the Child Care Expense. You can find that in your Divorce Decree showing the breakdown of your current child support calculation. In most cases these figures are inflated and most Fathers are too afraid to question, for fear of paying more child support. However, every Father has a legal right to question the Child Support Expense, who's it being paid to, if the person is a licensed Child Care Provider. As a child gets older, the Child Care Expense usually goes down or away. These figures are also located in her taxes records if she is writing it off as an expense. Also keep in mind that even if it's back dated, most Judges are not going to do what is considered to be excessive.

[JadeM124]

They could raise it, but they will not go back.

[AnnaW992]

No you would not have to pay back payments for right now, since a modification has not been requested. When or if she files a modification then from that date you can expect to pay but only starting from that date the modification was requested.