Incorrect percentage for 3 years

[mikster]

Virginia.
I did not have a very good lawyer handling my child custody case when I separated. Apparently my ex's lawyer slipped in that he was to have our son for 160 days a year. This was right after the law changed stating a period of less than 24 hours is not considered a full day. His visitation includes every other weekend and every Monday for an overnight after school and to school the next morning. He also requested 3 weeks in the summer to which he has never asked for. He also has him for one week at Christmas. No matter how you do the math, it does not add up to 160 days a year. He averages about 110 days a year visitation. He was only interested in getting the number above 90 so he could pay less child support. So, for three years now, I have been getting less than my share of the percentage for supporting our child. The only real loser in this deal is of course our son. My question is, if I hire a lawyer, could we go back the 3 years and get it evened out like it should have been? He also incorrectly stated the insurance amount that he pays for our child.

 

[VeronicaGia]

Virginia.
I did not have a very good lawyer handling my child custody case when I separated. Apparently my ex's lawyer slipped in that he was to have our son for 160 days a year. This was right after the law changed stating a period of less than 24 hours is not considered a full day. His visitation includes every other weekend and every Monday for an overnight after school and to school the next morning. He also requested 3 weeks in the summer to which he has never asked for. He also has him for one week at Christmas. No matter how you do the math, it does not add up to 160 days a year. He averages about 110 days a year visitation. He was only interested in getting the number above 90 so he could pay less child support. So, for three years now, I have been getting less than my share of the percentage for supporting our child. The only real loser in this deal is of course our son. My question is, if I hire a lawyer, could we go back the 3 years and get it evened out like it should have been? He also incorrectly stated the insurance amount that he pays for our child.

No. Also, if the limit is 90 days and he has the child 110 days, I don't understand what the point is.

In any event, you cannot modify retroactively. If he was making less would you want him to be able to modify retroactively thereby making you repay him?

 

[kat1963]

No, in VA you can only go back to the date of filing which will be when you do so, not 3 years ago. If you were having a problem you should have filed ASAP, not have waited. The laws are changing here too...he will probably able to file for more time & less support..or even for support if you make way more then he does: 1 o/t per week, 3 weekends per month, every single holiday split... You really need to start documenting when he doesn't show up for custody changes. Of course there will be mediation....
KAT

 

[mikster]

Thanks for the replies. I questioned the days and the insurance amount to my lawyer originally and was brushed off as always. I did file a petition to review the worksheet 3 months after my job was terminated due to a disability. I am in the process of finding a new lawyer to help with it all.

Thanks again.

 

[mikster]

No. Also, if the limit is 90 days and he has the child 110 days, I don't understand what the point is.

In any event, you cannot modify retroactively. If he was making less would you want him to be able to modify retroactively thereby making you repay him?

I apologize that I wasn't clear.
My point was that I keep being told >=90 days = shared custody and yet while filling out one of the custody calculators online, it stated anything under 127 was not to be calculated on the shared worksheet, the standard worksheet should be used. I thought perhaps someone would know more.

If he began to make less money he would file a petition same as I did. I just questioned that if he states he is going to support a child for 160 days a year and only gets our son for 110 each year for 3 years the percentage of support should be recalculated. He has gotten credit for 150 days of support he did not provide care for.