I am taking my x-wife to court to stop child support payments because our son is 21 and graduated, but I have never paid the court ordered % over the past 14 years. Will I need to pay retro if she asks for it at the modification hearing?
Many states allow a parent to collect past due support up to a certain period of years after the child ages out. In Utah it's around 8 years. There's likely a similar protection for receiving parents in your state as well.
So what this means is that although you may have the support payments terminated, that will not stop her from bringing an enforcement action to have you pay the back %. If I was her, I would certainly bring the action at the same time as you're motion to modify.
If the court order required you to pay it, then there was an affirmative obligation on your to do so, not on her to ask. If she brings this up, you can easily be ordered to pay this percent. By not voluntarily paying the percent you have violated the court order.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
If your divorce Judgment indicates that you were to pay a percentage if your bonus and you failed to do so, your Ex can file a Complaint for Contempt and the Court can make you pay the percentage for every year you failed to adhere to the terms of the Judgment.
All of Attorney Velez Harris' responses to questions posted on AVVO are intended as general information based upon the facts provided within the question and are based on Massachusetts' law, unless otherwise indicated. The responses are provided for educational purposes of the public only, and not any specific individual. Her responses to any questions are not legal advice and does not create an attorney-client relationship. Attorney Velez Harris is licensed to practice law in Massachusetts and Connecticut.
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