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Backpay

Asked over 2 years ago - Miami, FL

My son's dad has gotten a better paying job about 6 or 7 yrs ago. I have a set child support fee since my son was 4 he is currently 17. I am asking if there is a way that I would be able to receive backpay for the past years which he has a better income than when the child support was set 13yrs ago? I have in the past tried to go back to court ,but when the judge asked him to bring the past 3 yrs of taxes he never bought them in on the 2 court dates and the third court date he threatened me and that was the last time I went to court. Please advice...
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Attorney answers (1)

Robert Joseph Merlin

Reputation Level 7

Answered over 2 years ago. Divorce / Separation Lawyer in Miami, FL.

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That is a difficult question to answer. Under normal circumstances, the judge cannot go further back than when you file a request for modification. However, if you previously sought a modification and your ex-husband failed to do what he was ordered to do, you may be able to go back further than when you file your next request for modification. Given that your son is 17, I strongly urge you to take action as quickly as possible. Also, if your husband has the superior ability to pay attorney's fees, there is a chance that he would be ordered to pay your fees in connection with your next round of litigation.
Good luck.

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