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Is it possible to have back child support modified?

Saint Petersburg, FL |

This person owes on a couple different cases plus the DOR. I have helped to pay here and there to stop his license from being suspended but it can't go on. His piece work in construction does not come out to much. Clearly, his child support was set when he was making $25. an hour way back when . Plus he had been in prison for over 4 years during this time as well. We want to pay to keep the license up so he can work...all of the children in question are 18 and up.

Attorney Answers 5

Posted

Back child support, in general, cannot be modified, but the repayment terms may be able to be modified.

I suggest that there be a consultation with an experienced family law attorney, who can review all of the pertinent court orders. In that way, there could be a specific answer to the question posed and not just a general statement that may or may not be applicable to your friend's case.

Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.

Eileen D. Jacobs, Esq.
Office: 2505 W. Virginia Avenue
Tampa, FL 33607
(813) 877-9600
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953
(727) 787-6595

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Posted

Yes he can bring it back to court and attempt to modify it to a different amount. I would recommend he contact a local family law attorney to discuss more in depth. Many attorneys found here on Avvo offer free consultations.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

To be successful, he will need to have an attorney. It is very difficult, in my experience, to have back child support modified. Good luck!

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Posted

Back support can almost never be modified. The rule is that you have to modify support when the change (like a job loss) occurs, not years later. However, one appellate court did once rule that you should wait until a prison term ends before seeking to modify. You couldn't wait until years aftyer the prison terms ends, though.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Posted

You have to file a motion to reset the payback towards the arrears amount and to establish the remaining arrears.

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