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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Child Support"
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Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)
Revision as of 20:34, 3 May 2013
, 20:34, 3 May 2013→How much retroactive child support should be ordered
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) |
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*"It will be easier to show that a retroactive award causes undue hardship" than it is to show than a normal child support order causes undue hardship. | *"It will be easier to show that a retroactive award causes undue hardship" than it is to show than a normal child support order causes undue hardship. | ||
*A court "should not order a retroactive award in an amount that it considers unfair, having regard to all the circumstances of the case." | *A court "should not order a retroactive award in an amount that it considers unfair, having regard to all the circumstances of the case." | ||
*In other words, retroactive support may be awarded whenever a payor is paying less than the Child Support Guidelines requires, if his or financial circumstances change following the making of an order or | *In other words, retroactive support may be awarded whenever a payor is paying less than the Child Support Guidelines requires, if his or financial circumstances change following the making of an order or agreement dealing with child support. In making such an order, the court must consider: | ||
#any excuse for the recipient’s delay in seeking an increase in support, | #any excuse for the recipient’s delay in seeking an increase in support, | ||
#any blameworthy conduct on the party of the payor, | #any blameworthy conduct on the party of the payor, | ||