Most people contemplating the breakdown of relationship where children are involved will be at least somewhat familiar with the Child Support Guidelines. One commonly asked question is how to deal with the review of child support.
One of the lawyers at the Deer Lake Law Group was consulted by a parent who had raised a child for over 20 years, and received $200.00 per month in child support from the other parent.
Unbeknownst to the recipient, the payor had been earning an income in excess of $80,000.00 per year for much of the child's life, and should have been paying $748.00 per month - as per the Guidelines.
Although the payor ought to have been responsible and increased support voluntarily, this did not happen. In short, the recipient was underpaid by more than $20,000.00 (considering the last 3 years when child support was payable).
The Court will review child support, retroactively, but will limit the number of retroactive years, however; the Court, at its discretion, may choose not review retroactively at all, depending on the circumstances.
The lesson is that child support should be reviewed annually by the recipient to ensure that the payor is paying the proper amount. The review can be as simple as collecting income information from the payor, and ensuring that the amount being paid complies with the Child Support Guidelines.