• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Retro Active Support Modifications?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Artemis_ofthe_Hunt

Senior Member
What is the name of your state (only U.S. law)? WY

If a NCP is requesting a modification of support [and quits paying (assuming the thought that the modification would be retroactive)]what are the chances of the modification being retroactive? :confused:
 


Modifications are easily retroactive to the date of filing. Are you asking about being retroactive to prior to the date of filing?
 

Artemis_ofthe_Hunt

Senior Member
Modifications are easily retroactive to the date of filing. Are you asking about being retroactive to prior to the date of filing?

To my knowledge, he is still only threatening action against me. I am only talking about the fact that he is now in arrears and if he files say tomorrow or this week whether or not he would be able to pay less (I feel that this is unlikely) for the month that has already passed.
 
To my knowledge, he is still only threatening action against me. I am only talking about the fact that he is now in arrears and if he files say tomorrow or this week whether or not he would be able to pay less (I feel that this is unlikely) for the month that has already passed.
My understanding is the same as yours, that it would be very unlikely for the modification to be retroactive to prior to the date of filing. I know that the state can do that when the CP is receiving welfare or other state assistance, but I have not heard of that happening otherwise.
 

Artemis_ofthe_Hunt

Senior Member
My understanding is the same as yours, that it would be very unlikely for the modification to be retroactive to prior to the date of filing. I know that the state can do that when the CP is receiving welfare or other state assistance, but I have not heard of that happening otherwise.

For a short period I was on assistance, MA and foodstamps, but nothing else. I am not on anything now. Thanks.
 

Artemis_ofthe_Hunt

Senior Member
trying to keep within guidlines of community

Just attempting to keep everything together on this since CC informed me that I needed to:

What is the name of your state (only U.S. law)? Federal tax... no state tax

Based on my understanding of federal filing requirements, the custodial parent has the only right to claim minor children without the signed form allowing the noncustodial parent to do so. If the NCP parent filed using the childs ssn without the form, would the CP receive a notice from the IRS? How would the CP go about proving that they had custody for the whole year? What would constitute proof?

Pardon me. Since this is a subject that I didn't see was addressed in custody or support, I thought this the best place to post my question about taxes. It is not addressed in any court order we have. :o

lost the other posts from a jr member and CC on this one. Sorry.
 

Artemis_ofthe_Hunt

Senior Member
New Question:

According to Wyoming [/I]20-6-204. Entry of income withholding order.(b) If a support order was entered by a Wyoming court before the effective date of this act and an income withholding order has not previously been entered, the court which entered the support order shall enter the income withholding order on its own motion at the time the support order is subsequently modified or at any other time upon application of the obligee, the obligor or the department. An income withholding order under this subsection shall be entered without a hearing if an arrearage occurs. An income withholding order under this subsection may also be entered by the district court of any other county in this state in which the obligor, obligee or payor resides[/I],

Since the original order also states "The parties agree that an "Immediate Income Withholding Order" shall be entered, pursuant to W.S. 20-6-201 et seq., as amended, for all sums awarded herein and shall take effect pursuant to separate order entered by the Court." What would I have to file to get the wage withholding order put into place? Who would I need to speak with since this is an interstate case? :confused:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top