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Friday, September 14, 2007
Concealment defense to payment of support arrears
-FamLaw-
Past concealment is not a defense to payment of support arrears for a child who is still a minor. Trial court has no jurisdiction to retroactively modify support payments, other than in situation where supporting parent assumed partial custody. Statutes permitting child support payees to recover arrearages, while prohibiting payors from obtaining retroactive modification based on claims that payee's expenses were less than anticipated, do not violate payors' right to equal protection of the laws; prohibition against seeking modification retroactive to a date prior to filing applies equally to payors and payees. Trial court did not deprive payor of due process by rejecting his concealment and overpayment claims as a matter of law, rather than on the basis of hearing testimony. Federal subsidies for compensation of commissioners to hear child support cases do not deprive payees of due process.
In re Marriage of Tavares - filed April 27, 2007, publication ordered May 29, 2007, Fourth District, Div. Three
Full text http://www.metnews.com/sos.cgi?0507%2FG036122ily Labels: New Cases 07
posted by Susan Jeffries at
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