One of my daughters turned 18 and my ex hired a lawyer to modify the support for our second daughter. I just found out that he makes 43,000 a year more now then he did 10 years ago when we set the amount. I have in the past tried to get him to disclose his income for a possible review but he refused to give it to me. now that I know he has had regular income increases over the past 10 years, can I go back and get arrears for the years he did not report his pay increase?
No not really. There are arguments you could make but there are procedures to do to get the information during the past. Representing yourself you took the risk of not knowing the procedures to get the information. If he makes $43,000 more than before then he could up paying more for the one child. Contact an attorney to discuss before you make more costly mistakes.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.
Generally speaking a modification can only be made retroactive to the date that a motion is filed. Only in the event of fraud are you likely to be able to get the Court to go back beyond that point.
Absent a provision requiring notification of any pay raises or the exchange of annual income information you are unlikely to be successful in obtaining a retroactive modification. However, you should discuss your case with a local family law attorney to determine if there are circumstances which might allow for a retroactive modification in your particular case.
Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.
No, you cannot go back and retroactively increase child support. You are entitled to arrearages that accrued from unpaid child support, if any.
You are entitled to modify child support any time there is a change in circumstances. That means support for your second daughter will likely be much higher now because he is making significantly more income. That also means if his income increases, you may seek another modification in the future, even if support for your second daughter is increased now.
This answer is not intended to give specific legal advice or to create an attorney-client relationship. Michael Scheid may be reached at (209)544-5727.
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