In October 2012 I was ordered to pay over $1400 (14% of my pay) a month CS on two children (10 & 8 at the time) who have a week-on week-off parenting plan, and all direct expenses (including medical, extraordinary, etc) while covering insurances, etc. The CSE representative changed the amount before filing the garnishment order because it was grossly miscalculated - by aprx. $1000/per month. At the time, an appeal was filed requesting that medical be split prorata per the guidelines because my co-parent was not willing to make that change voluntarily. My first question is, do judges have the right to go against the guidelines such as was done here when medical was included in direct expenses?
We were recently in court on shared back expenses owed by my co-parent. The judge ruled that she owed a prorata share of extraordinary and medical. Does this supersede the last order, especially since certain extraordinary and medical expenses are not contemplated in the CSW?
After the recent judgement, I was informed that I could charge 8% interest on the amount my co-parent owes. Is this correct?
And finally, my co-parent enacted a wage order against me in August 2012 even though it was unnecessary and she had been paid within the first week of every month since 2007. The garnishment and disbursement system has regularly not provided funds to her, done it late, etc all the while removing the funds from my pay check every month. When this occurs I receive harassing emails demanding direct payment, when I request proof of "arrears" on an arrears sheet from her attorney, so I can take my time to investigate where the money is, etc, she refuses attorney involvement and refuses to provide an arrears sheet. Now that there is monetary judgement against her she has refused all financial communication and demanded that it go through attorneys- which only increases my attorney's fees. Can I expect that since she has requested financial communication go through the attorney's that she pay my fees for such?
What is most disheartening is that from the time I filed for divorce through present, I have gladly paid for much more than the decree, guidelines, etc. have required. All I ever wanted was to NOT make this a financial conflict and mutually provide for the children. But rather than providing the 10% in out of pocket medical expenses she pays her attorney and continues the fight.
Thanks in advance for input.