Tuesday, September 18, 2012

CAN MY EX-WIFE GET A RETROACTIVE CHILD SUPPORT MODIFICATION?

QUESTION: My ex wife waived payment of child support to her during a hearing granting her a move away order from California to Washington. Once she moved to Washington, she asked me to pay her support. I agreed to pay support but was only paying the original court ordered amount when we had 50-50 custody in California. This was mutually agreed upon and a modification of support was not filed. My son is now graduated from high school, 18 years old and lives on his own in Washington(she has moved back to California). She is now saying she will be taking me to court and suing me for back child support based on the actual 75-25 physical custody she had while living in Washington. Can she do this?

MY RESPONSE: It depends on what the Order required. If you were paying what the Order required, she can't come back for more, even though she had a larger percentage of physical custody. Child Support can't be modified retroactively to a date prior to the date she files an Order to Show Cause, Motion, or Request for Order seeking a modification.

No comments: