Q: A magistrate ordered temp maintenance support but declined to give back pay. Can they do that?
Mother was given a restraining order and primary custody and was told she could give father a parenting plan that she was comfortable with. Mother gave supervised visits.Two weeks later, all parties agreed to keep the plan in place in regards to time but unsupervised until temp orders.
Magistrate for temp orders was angry that father was denied 50/50 time and so he said that father does not have to pay the remainder of maintenance support owed for back pay.
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A: More information is need to answer your question. If the magistrate just erased back maintenance that we due and owing under court order, that is likely judicial error. If the magistrate declined to order retroactive support, they do have that discretion if they believe application would be a hardship (in modification cases) or just because in pre-decree cases. A magistrate getting angry because a parent didn't get 50/50 is not error, but a good indicator that some judges like to fit cases into the neat little box they believe best.
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