ID~What does court consider when ...What are legal elements of child support order?

[Aries58]

Default judgment entered against me in 2003 for child support & 1 year of back support when my attorney since 1999 did not show in court.

The def. judg. states "child support shall be set at $246 per month, retroactive to Dec. 2001, as shown by the child support worksheet attached."

In 2008 the court ordered: the court retains jurisdiction to determine what if any child support arrearages are owed. I had stated in my motion: The order/decree of 2003 is a default judgment that included 13 months of retroactive child support at $246 per month and is for 3 children and does not indicate how much a parent must pay for each child, as did the initial Order/Degree of Nov. 2000.

The court is going to determine if I owe any arrears.

What may a court use in this determination?

What are the legal elements of a child support order?

Thank you.

You will still have the arrears, an attorney no show is between you and him, why were you not there?

[Aries58]

The order also stated that the court will determine what child support will be from the date I filed my last Motion, which was January 2008.

Excusable neglect is my defense, my lawyer was supposed to deal with this, we had discussed it as his invoice states. The fact that the judge is looking at if I owe any arrears says a lot in itself.

Retroactive child support should not have been ordered because I was already receiving child support from the ex under an existing order from 2000 and had been party to a suit in which support was ordered. I found this while researching:

Q. When can I be ordered to pay retroactive child support?

A. The court may order a parent to pay retroactive child support if the parent:
has not previously been ordered to pay support for the child; and
was not a party to a suit in which support was ordered.

I have been going to court to clear up the mess my ex created for 6 years now. The judge had to clear the courtroom for one hearing because the ex behaved so badly.

The judge is revisiting a default judgment from Jan 2003. This is what I've been trying to accomplish since 2003.

Idaho State Child Support Guidelines section 12 clearly states that every order should state the amount of child support, and the amount due the remaining children as each child emancipates or is no longer entitled to support. The default judgment did not include this.

The child support worksheet made by the bankruptcy attorney representing the ex in the divorce and child custody issues did not include the ex's social security disability, but did include what our children received under his claim.

I am preparing my motion now, will file in two weeks.

I am wondering what the court may consider when determining.

Thanks for replying.