It's been 10 years since our child support was calculated and I've never been late for a payment, so I'm 100% current on my current support amount. But, can she have our incomes recalculated over the past 10 years and sue for any adjustments that could have been made due to salary increases? What are the California laws regarding this situation?
2006-10-08 08:14:01 · 8 answers · asked by SoCal 4 in Family & Relationships ➔ Marriage & Divorce
She can petition the Court to have the CSP (Child Support Payments) increased but I seriously doubt that she can have it done Retro for the past ten years. IMO this amounts to nothing less than extortion. I seriously doubt that a rich uncle died and left you a vast fortune that you secretly hid. The big plus on your side is that you're not in arrears. If she wanted more $$$, she could've petitioned the Court every few years and gotten the increases, but she didn't. Oops, her bad! I'm sure that you can give a very good argument if she tries.
2006-10-08 11:47:41 · answer #1 · answered by Larry F 4 · 2⤊ 0⤋
Generally they will only go retroactive if you intentionally hid a vast increase in income. For instance, if you won the lottery for 20 million six years ago and didn't report it.....you'd get retro'd.
If she takes you to court, it is more likely that they would retro your for up to 6 months, but it is entirely up to the judge and the range of income increase. If you received standard raises, nothing exceptional, then chances are they will just adjust your monthly payment accordingly with nothing retro.
2006-10-08 15:17:10 · answer #2 · answered by tjjone 5 · 1⤊ 0⤋
Yes the law in cali is she or you can go in and ask the courts to review the court order as in cost of living or a hardship issue.. that every two years
2006-10-08 15:20:42 · answer #3 · answered by M M 3 · 0⤊ 0⤋
Yes she can. If she believes your wages have gone up she can take you to court and have them make you show them your check stubs. If you are not making any more then you were before then you do not have to worry about anything. If you are making less then you did before they will have you pay less.
2006-10-08 19:13:44 · answer #4 · answered by luvlisteningtomusic 6 · 0⤊ 0⤋
as long as you have been paying what the court ordered she can not make an increase retro-active.
2006-10-08 15:15:46 · answer #5 · answered by ?? 3 · 1⤊ 0⤋
If that is what the court ordered from jump then you are safe.
2006-10-08 15:24:16 · answer #6 · answered by KryBaby 4 · 1⤊ 0⤋
I WOULDN'T THINK SO, BUT WHO KNOWS THE LAWS ARE ALL FUC*ED UP ANY WAY, WHERE CHILD SUPPORT IS CONCERNED.
2006-10-08 15:19:57 · answer #7 · answered by nwnativeprincess 6 · 0⤊ 0⤋
yes
2006-10-08 15:17:06 · answer #8 · answered by bradiegirlrn 1 · 0⤊ 0⤋