On September of 2014 I was given temporary spousal support of $1000 a month. Our divorce was finalized September 2016 and we had a forensic accountant analyze the marital standard of living. In short, husband was ordered to pay me $2000 a month beginning on Oct 1, 2016. My questions is, I had gone for almost 3 years with a temporary spousal support of $1000 a month (which was really low) and now that is clear what the Marital Standard of Living is and set and he was ordered to pay $2000 a month more, can I collect on the difference of all that time I was being paid a lot less than I should have been paid. Because of this i am in a lot of debt and was living not at my marital standard.
Sorry, the temporary support orders were valid orders, and continued to be valid until superseded by the permanent orders. The support payer has a right to due process, which means that so long as he complied with court orders you cannot bring him back to court.
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I concur with my colleague except as follows:
1) if you initial order was without prejudice and other language that allowed for retroactivity.
It is hard to post a question here without providing copies of your paperwork and orders made an anticipate a concrete response.
As stated, one would need to see the order. In my experience, most temporary orders preserve retro-activity. The other side probably thinks it is radio activity. Have a lawyer review the orders.
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