My wife filed for divorce over two years ago. I had been paying child support (CS) from the date she filed ranging from $1000-1400 per month. One year into the separation, we mediated an CS agreement for $1100 per month. Now with the final hearing approaching, her attorney is seeking arrearages based on my current CS obkigation of $1600. In addition, she has defaulted on our mortgage by not making a payment with those CS funds, which are to be applied towards shelter for the children. Can she really be awarded those arrearages under these circumstances?
You should file a response arguing that under the previous agreements you were in compliance and your wife is not owed any arreages.
Doubtful if you properly raise these issues.