I Particularly dont fully understand what" installments accruing subsequent to the motion for modification" means. I understand that i must show substantial and material change of circumstances. I understand that a judge decides. I am in the process of getting a lawyer to represent me for modification even though the divorce decree claims not modifiable. and unmerged. but incorporated into the decree.
Get your attorney to explain it for you. That is what you are paying him or her for and much of it will depend on your situation.
Simple. Modification of support/maintenance amounts are prospective only, not retroactive. The only exception is where the child(ren) have been living with the obligor parent with the knowledge and consent of the obligee parent.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Idaho Code 32-709(a) says simply that there is no such thing as retroactive modification of CS. Example, say you owe for January through April and get your Petition for Modification filed on April 30th and your case is heard in June. I. C. 32-709 says that the court may only modify the payments for May forward.
Good luck to you! Get your Petition filed quickly!
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