Q: Can I owe back child support even if I'm paid up due to a recent increase in payment because salary raise?
I am paid up on child support, did not owe any back child support. Recently received letter stating my payment was to increase. I did not contest this as my wages have gone up recently, but now they are saying I owe $3000 in back support. Why is this? Are they going back to when I first got the new job and adding more to the amount I had paid? That doesn't seem fair.??
A: The Court cannot go back to the point you received a salary increase unless that was the same date the motion to modify your child support was filed. In other words, the date of filing for the modification will be the date that your income from that date forward will be used to calculate your new child support payment. Therefore, depending on how long it was from the initial filing for the increase until the date the Judge signs the new order, you may owe some back due support if more under the guidelines.
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