of 2012 and my hearing is finally set Dec 2012 what are my chances my income deduction order will be back dated to June 2012 income to reflect that amount for child support calculations and payments? I have continued to pay child support but not the full amount that was on original court ordered because I can't make that amount due to my income I have also continue to pay for medical insurance for my child which I am not court order to do so but have kept coverage for her this entire time no gaps in coverage. I have also applied to withdraw a loan from my retirement plan so that I can show the judge that even though I am not making the same income I still continue to pay child support and want to have security to let the judge know that I can pay difference from my loan.
If the child support is modified, the modification will be effective as of the first day of the month following the date the other party was served with the request for modification. If service occurred in June, then July 1 would be the effective date. This means that you may have overpaid or underpaid your obligation from the effective date to the hearing date, but you will not know this until the hearing occurs.
** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **
I agree with my colleague Ms. Donaldson Stewart, and would add that it is wonderful that you are voluntarily providing health insurance for your child. The amount you pay should be reported on your child support worksheet and should decrease how much you pay in court-ordered child support. I would advise against borrowing from your 401(k) loan to pay your regular child support owings, as it is intended for emergencies only and you may be in a worse situation financially to provide for your child when you have to start repaying it with interest. Best of luck!
This post should not be construed as formal legal advice or the formation of a lawyer/client relationship.<br /> <a href="http://www.joanbundylaw.com" target="_blank">Joan M. Bundy, Attorney at Law, Chandler, Arizona</a> |
Family Law Attorney
To answer your question, chances are really good that that your income deduction will be back-dated to reflect your change in income. The change however will probably take place the 1st day of the month following the date that the other party was served with notice of your request to modify child support. So, if your wages change drastically in June and you made the request in June, then the child support modification will probably go back and take effect as of the 1st of July.
I would hold off on your request to take money out of your retirement until you see how the judge rules on your modification request. Your retirement should be used when you are in a more dire financial situation and may not be necessary if your modification is granted. Take a wait and see approach with that step.
As far as you paying the insurance for the child, make sure to report it on your child support worksheet and make sure that the judge takes it into consideration when making a determination on your child support modification request. It is good that you are being pro-active and that you are keeping good documentation of everything that you are doing regarding your child support.
I hope that this helps you out.
Parker Evan Bornmann
The Bornmann Law Group, PLLC
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