Bloomfield Hills, MI asked in Family Law for Colorado

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.

Related Topics:
1 Lawyer Answer
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.