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Support arrearage question - Louisiana

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  • Support arrearage question - Louisiana

    Hi all,
    I have a question regarding my child support payments. My oldest son will be 18 next month. I have never missed or been late on a payment. In 1998, my ex-wife took me to court because she felt I was making more money. I was, so my support payment per month went up to $675, plus she was awarded $2200 for arrearage. Of course, I am making more money now than I was in 1998, so once my son turns 18 and the support order is ended, can she still take me back to court for extra money or would she have to take me back to court now, before he turns 18???? Thanks much, Ray

  • #2
    Originally posted by yaryar View Post
    Hi all,
    I have a question regarding my child support payments. My oldest son will be 18 next month. I have never missed or been late on a payment. In 1998, my ex-wife took me to court because she felt I was making more money. I was, so my support payment per month went up to $675, plus she was awarded $2200 for arrearage. Of course, I am making more money now than I was in 1998, so once my son turns 18 and the support order is ended, can she still take me back to court for extra money or would she have to take me back to court now, before he turns 18???? Thanks much, Ray
    When the order was modified in 1998, was the $2200 "arrears" actually retro support?
    If so, when was it retro back to, was it the filing date for that modification?

    Normally, when an order is modified it can be made retro back to the filing date, but no earlier than that.

    Yes, she will need to file for a modification before your son turns 18.

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    • #3
      Thanks for the reply,
      Yes, the $2200 was retro, not arrears. After some reading, I discovered that arrearage is if you miss payments(which I haven't), so I should have referred to the $2200 payment as retroactive. And this retro payment went back to the last time the support order was changed, which was 2 years prior, when I was unemployed. I got a job and didn't bother to inform her, which was against the court order that stated for me to inform her when I gained employment. I think this is why she was able to get the retroactive support, but I wasn't sure. Basically, I'm worried that she will file for a modification before he turns 18, and I'll have to pay retro from now till 1998, when the order was changed last. When the order was changed last, it was never ordered that I furnish income tax statements, or anything like that. This would be devastating to me and my current wife and 2 young daughters financially.

      Comment


      • #4
        Originally posted by yaryar View Post
        Thanks for the reply,
        Yes, the $2200 was retro, not arrears. After some reading, I discovered that arrearage is if you miss payments(which I haven't), so I should have referred to the $2200 payment as retroactive. And this retro payment went back to the last time the support order was changed, which was 2 years prior, when I was unemployed. I got a job and didn't bother to inform her, which was against the court order that stated for me to inform her when I gained employment. I think this is why she was able to get the retroactive support, but I wasn't sure. Basically, I'm worried that she will file for a modification before he turns 18, and I'll have to pay retro from now till 1998, when the order was changed last. When the order was changed last, it was never ordered that I furnish income tax statements, or anything like that. This would be devastating to me and my current wife and 2 young daughters financially.
        If she does file for a modification you will need to get a consult with a local attorney to make sure that there can't be any reason for any modification to be retro back to any time before the filing of that modification.

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