QUESTION
Can a person get arrears/retroactive support after delaying the modification of a parenting plan over 4 years?
Asked on Oct 25th, 2018 on Child Support - Tennessee
More details to this question:
Our original PPO signed in 2007 has myself as PRP. At the end of the school year in 2015, our daughter moved in with her so now both children reside with her. She petitioned the court to modify the plan in 2014, but year after year did not produce a modification to the original PPO, just filing extension after extension. In August of 2018, after yet another date was rescheduled for a hearing and again failing to produce a proposed parenting plan, I finally created one to submit to her attorney to get this wrapped up. The hearing is rescheduled for 11/ 1, and I'm finally hearing back from her attorney on my proposed plan. After 4 years of her delaying, she is now trying to add arrears/retroactive support. How likely is she to get it? There are documented occasions where she's asked for help and I have provided assistance and until recently I provided their insurance. I was paying entirely for our daughter's psychiatric care and am currently buying her graduation stuff without her help.
1 ANSWER
The short answer, which to be honest is about the best you can expect from an Internet question bored, is that if she had the child from 2015 and you were not paying support, the court can order her support back to 2015. The issues you’ve raised about insurance or financial contributions might very well be relevant to the amount of back support. I can tell from your questions that the process was frustrating. What judges will usually say if you focus on how long it may have taken her to go to court is that you also knew how to find the courthouse. In my experience that kind of comment from judges is also frustrating, I’m just giving you a bit of a heads up what to expect if you choose to argue that route
Answered on Nov 01st, 2018 at 7:46 AM